CW 9305/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.9305/07 R.P. Sharma Versus Jaipur Vidyut Vitran Nigam Ltd. & Anr. DATE OF ORDER : 28/07/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Ashok Gaur, for petitioner Mr. Inderjeet Singh, for respondents *** Matter has come up on application under Article 226(3) of the Constitution of India for vacation of ex-parte stay order passed by this court dated 19th November, 2007, but with the consent of parties, the matter is finally decided at this stage. Petitioner is working as Statistical Assistant and on representation made by him, he was granted third selection grade in the scale of of 8000-13500 w.e.f. 28th February, 2007 on completion of 27 yrs. of service vide order dt.21st August, 2007 but the benefit of third selection grade has been withdrawn by respondents vide order Ann.6 dt.16th October, 2007. Under the said order, reference has been made of the order dt.10th October, 2007 passed by Secretary [Admn.] Jaipur Discom, Jaipur that too has been placed on record as Ann.7. CW 9305/07 [2] Counsel for petitioner submits that petitioner is entitled for the pay scale of the post of Statistical Assistant on completion of 27 yrs. of service and that was rightly granted to him by respondents vide order Ann.4 dt.21st August, 2007 but without affording opportunity of hearing, the same has been withdrawn vide order impugned dt.16th October, 2007, which is in violation of principles of natural justice. Respondents have filed reply to the writ petition justifying their action in withdrawing order impugned. But, this fact has not been disputed that before passing of order impugned, opportunity of hearing was not afforded to petitioner. It is cardinal principle of administrative law that no one should be condemned unheard and he is atleast entitled for opportunity of hearing which is minimum requirement for compliance of principles of natural justice. Indeed the order in the instant case has been passed by the respondents which certainly affects right conferred upon the petitioner by granting him the benefit of third selection grade of 8000- 13500 which has been withdrawn unilaterally without affording opportunity of hearing to the petitioner. CW 9305/07 [3] Consequently, the writ petition stands allowed. The order Ann.6 dt.16th October, 2007 is hereby quashed and set aside. Petitioner will be entitled for consequential relief under law. However, the respondents will be at liberty to pass appropriate orders in accordance with law after due compliance of principles of natural justice. [AJAY RASTOGI], J. FRBOHRA9305CW2007 28-7.doc