CW 5829/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.5829/08 Jamna Prasad Sharma Versus Chairman, RSRTC & Anr. DATE OF ORDER : 20/08/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sanjay Sharma, for petitioner Mr. Virendra Lodha, for respondents *** Matter has come up on application filed under Article 226(3) of the Constitution for vacation of ex-parte stay order passed by this court dated 13th June, 2008. Looking to the nature of controversy, matter has been finally heard on merits. It has been alleged that initially petitioner was engaged on daily wages basis as Painter on 26th February, 1979 and was later on promoted on temporary basis vide order dt.19th January, 1980 in the regular pay scale and he was further appointed as Painter Gr.II on 21st June, 1980 and according to him, he was appointed on the post of Painter Gr.II and accordingly, benefit of selection scale on completion of 9, 18 & 27 yrs. of service was rightly granted to him. But, without affording opportunity, first selection scale which was granted to him on completion of 9 yrs. of service was withdrawn by the respondents vide order Ann.6 dt.23rd May, 2008 and consequential order Ann.7 was passed revising his CW 5829/08 [2] pay on account of revised fixation in selection scale. Counsel submits that it is an apparent error committed by the respondents in treating him promoted as Painter Gr.II vide order dt.21st January, 1980 and denying first selection scale on completion of 9 yrs. of service and apart from it, once the petitioner got his due benefit of selection scale, the same could not have been withdrawn unilaterally by the respondents without affording opportunity of hearing and their action is in clear violation of principles of natural justice. Respondents have filed reply to the writ petition wherein it has been averred that since petitioner was granted first promotion for the post of Painter Helper to Painter Gr.II vide order dt.21st June, 1980, as such he was not entitled for first selection scale on completion of 9 yrs. of service. Immediately, when this fact came to the notice of authority, the benefit of first selection scale was withdrawn and it is an empty formality in serving notice upon the petitioner, as such no error has been committed by the respondents in passing order impugned. I have heard counsel for parties and perused the material on record. CW 5829/08 [3] The case which has been set up by petitioner is not of his promotion, but it was alleged that he was appointed on the said post on 21st June, 1980 and that must have been considered by the respondents while granting selection scale at one point of time on completion of 9 yrs. of service and once the benefit of selection scale has been granted to the petitioner, certainly right was vested and still if the respondents were of the prima facie opinion that he was not entitled for first selection scale on completion of 9 yrs. of service, it was required atleast to give opportunity to the petitioner which is a cardinal principles of administrative law and in opinion of this court, passing order impugned Ann.6 dt.23rd May, 2008 and consequential order Ann.7 dt.30th May, 2008 are in clear violation of principles of natural justice and accordingly, is not legally sustainable. Consequently, writ petition stands allowed. The orders impugned Ann.6 dt.23rd May, 2008 & Ann.7 dt.30th May, 2008 are hereby quashed and set aside so far as it relates to the petitioner is concerned. However, the respondents will be at liberty to proceed further after due compliance of principles of natural justice in accordance with law. No order as to costs. [AJAY RASTOGI], J. FRBOHRA5829CW2008 20-8.doc