IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.368/2002. : : Jamna Lal Meena Vs. State of Rajasthan & Ors. : : Date of Order 28.1.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. K.C.Sharma for the petitioner. Mr. Zakir Hussain, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. This writ petition has been filed challenging the order dated 24.5.1999 whereby the respondents withdrew the order dated 15.4.1999 by which he was granted regular pay scale at the time of his reinstatement consequent upon implementation of the award of the Labour Court. The learned Labour Court vide its award dated 19.2.1998 declared termination of the petitioner on 17.4.1989 as illegal and held him entitled to reinstatement with continuity in service and 40% back wages. Shri K.C.Sharma, learned counsel for the petitioner, argued that the impugned order was passed without any opportunity of hearing to the petitioner and without serving upon him notice. This order had severe adverse effect on the petitioner because the pay scale that was granted to him i.e. Rs.2550-3200/- was withdrawn eventually and that very pay scale was restored to the petitioner nine months thereafter when he was absorbed in the Panchayati Raj Department as Gram Sweak but during intervening period of nine months he could be deprived of actual benefits. Shri Zakir Hussain, learned Additional Government Counsel opposed the writ petition and submitted that at the time of reinstatement, the petitioner could not be granted regular pay scale and it was a mistake which was pointed out by the Conservator of Forest (Labour & Law) in his letter dated 17.12.1999. It was an the order for rectifying the mistake and, therefore, opportunity of hearing was not required to be given. Learned counsel submitted that subsequently the order dated 15.4.1999 was passed on the post of Beldar and he was fixed in the pay scale of Rs.2550- 3200/-. Even if what is contended by the respondents in para 4 of the reply is accepted that the petitioner was declared semi-permanent w.e.f. 1.4.1991 and was fixed in the pay scale of Rs.2550-3200/-, the aforesaid period would still be covered thereby because the petitioner at any case when he was declared semi-permanent would be entitled to regular pay scale. The respondents having fixed him in the regular pay scale could not withdraw such pay scale without providing him opportunity of hearing. The petitioner being absorbed as Secretary of Gram Panchayat where he is already in the pay scale and dispute pertains to only for nine months, the action of the respondents cannot be justified. In the result, this writ petition is allowed. The impugned order dated 17.4.1989 is quashed and set aside and the petitioner is held entitled to regular pay scale only for the intervening period of nine months as aforesaid. Compliance of the judgment be made within three months from the date copy of the judgment is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.19.