1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.2754/2002. : : Mohan Singh Sisodia & Anr. Vs. State of Rajasthan & Anr. : : Date of Order 22.1.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Pardeep Singh for Mr. Rajvir Sharma for the petitioners. Mr. Subhash Jain for the respondent (s). Heard learned counsel for the parties. This writ petition has been filed against the order dated 26.2.2002 by which the earlier orders absorbing the petitioners on the post of Fireman were cancelled and they were directed to be absorbed against the post of Class-IV employee. Shri Pradeep Singh, learned counsel for the petitioner argued that the respondents upon being satisfied of the eligibility of the petitioners passed the order of absorption on the post of Fireman. Both the petitioners were earlier working as Naka Guard and when the octroi was abolished, they were declared surplus. The petitioner No.1 Mohan Singh was absorbed on the post of Fireman vide order 2 dated 18.10.2001 and petitioner No.2 Raghunath was absorbed vide order dated 14.8.2000 on the post of Fireman. Learned counsel argued that as per the Rajasthan Municipal (Subordinate & Ministerial Service) Rules, 1963, qualification required for appointment on the post of Fireman is only middle class or its equivalent and the petitioners are both having such qualification. In fact, the petitioners had been actually working in the Fire Wing of the respondents and had also acquired the experience of working. The aforesaid order has been passed behind back of the petitioners and without providing them any opportunity of hearing. This Court therefore was persuaded to stay operation of the impugned order while issuing the notice which is continued till date. Shri Subhash Jain, learned counsel for the respondents opposed the writ petition and argued that the earlier order absorbing the petitioner was cancelled and they were directed to work as Class-IV employee as per the instruction of the Government dated 28.1.2002. It was argued that when the petitioner No.1 submitted representation he was duly informed vide communication dated 14.3.2002 that since he was working on the post of Nakedar he could not be absorbed on the post of Fireman. It 3 was argued that his pay was protected which he was receiving while working as Naka Guard. Having heard the learned counsel for the parties and perused the material available on record, I find that though the petitioners were declared surplus, but this fact was fully known to the respondents when they passed the order dated 14.8.2000 and 18.10.2001 absorbing the petitioner on the post of Fireman. A perusal of the order dated 18.10.2001 which is on record clearly indicates that Mohan Lal was referred to as Nakedar of Revenue Section when he was absorbed as the Fireman. This order of absorption was made in the case of the petitioners because they were sent for training of Fireman Training Course by the respondents themselves and after they completed successfully training course in 2001, they were absorbed on the post of Fireman. The respondents could not withdraw the order of absorbing the petitioner on the post of Fireman without providing them opportunity of hearing. Post decision hearing in such a case where penal consequence has already been visited upon affected persons, does not however redress the grievance or undo a wrong. 4 In the result, this writ petition is allowed. In the facts and circumstances of the case the impugned orders dated 26.2.2002 and 14.3.2002 were quashed and set aside. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.26.