SUKHDEV MALAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the validity of the order dated 4. 10. 1997 (Annexure p/1) passed by the Collector (Tribal Welfare Branch), raigarh, whereunder the grant of regular pay scale to the petitioner was withdrawn and the petitioner was paid thereafter dailywages as per Collector's rate.

(2.) THE indisputable facts in nutshell are that initially the petitioner was engaged on daily wages on the post of Cook vide order dated 6. 09. 1991 and thereafter, the petitioner was granted regular pay scale vide order dated 7. 09. 1995.

(3.) LEARNED counsel appearing for the petitioner would contend that once a right of a particular pay scale has been granted to the petitioner in accordance with law, the same cannot be withdrawn, without affording an opportunity of hearing. The petitioner has acquired the right to the fixed monthly pay scale as his service was regularized. Thus, the impugned order is bad and deserves to be quashed.