KANHAIYALAL MAKWANA Vs. STATE OF M P

JUDGEMENT

(1.) EARLIER this application was filed before the State Administrative Tribunal, Indore but after the dissolution of the same, this application has been transferred to this Court.

(2.) THE petitioner has filed this petition with regard to a direction that he be treated as Assistant Teacher Science with effect from 1992 and with regard to fixation of his pay and other benefits. It is submitted by the petitioner that he was daily rated employee working prior to 31.12.1988 and thereafter vide order dated 22.3.1991 his services were regularised in the pay-scale of Rs. 750-945/-. He passed his Higher Secondary Examination in the year 1992 in 10 + 2 Course. The petitioner was posted on the post of Laboratory Attendant vide order dated 30.7.1994 and was given the pay-scale of Rs. 825-1220/-. It is submitted that the respondents have issued a circular on 26.4.1978. By the said circular it is mentioned that those Laboratory Attendants, who had a qualification of Higher Secondary they were entitled for a pay-scale of Rs. 169-300/- as per Pande Pay Commission. Their nomenclature will be of Laboratory Attendant and they will be treated as Class-III employees. It is submitted by the petitioner that vide order dated 27.3.1995 he was given the pay-scale of Rs. 825-1220/- as Laboratory Attendant. However, vide order dated 5.4.1999 this order has been cancelled and it was mentioned in the order that the petitioner will be entitled for the pay-scale of the IVth Class peon of Rs. 750-945/-.

(3.) IT is an admitted position of law that an aggrieved person must be given an opportunity of hearing before passing an order, which involves civil consequences. Admittedly, the petitioner was given the pay-scale of Rs. 825-1220/- in pursuance of the circular of the Department dated 27.12.1976 and that was withdrawn by the impugned order dated 5.4.1999 and the petitioner was treated as IV Class employee. In the above facts and circumstances of the case, I am of the opinion that it was obligatory on the part of the respondents to observe the principle of natural justice and give an opportunity of hearing to the petitioner before passing such an adverse order. Admittedly, no such opportunity has been given to the petitioner. Consequently, the order dated 5.4.1999 with regard to cancellation of the earlier order of the petitioner dated 27.3.1995 giving the pay-scale of Laboratory Attendant, is hereby quashed. The respondents are free to take further steps as per the provisions of law. The petition is allowed to the above extent without any order as to costs.