SHAILENDRA RAWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present writ petition challenging the order dated 19/07/2018 (Annexure-P/7) passed by respondent no. 2, by which benefit of second time bound pay-scale, which was granted to the petitioner, has been withdrawn.

(2.) The petitioner was initially appointed on the post of Lower Division Clerk vide order dated 12/06/1990 (AnnexureP/1) and after completion of 20 years of service, he was granted the benefit of second time bound pay-scale vide order dated 20/07/2010. However, without issuance any notice or giving any opportunity of hearing to the petitioner, the respondent no. 2 has passed the order dated 19/07/2018, by which the benefit of time bound pay-scale, which was granted to the petitioner, has been withdrawn on the ground that the petitioner does not fulfill the eligibility criteria for promotion on the higher post. Being aggrieved by that order, the petitioner has filed the present writ petition.

(3.) It has been stated that, the impugned order is illegal, arbitrary and is violative of principles of natural justice. That, no notice or any opportunity of hearing was given to the petitioner before passing the impugned order. It is further submitted that the petitioner is working on the post of Assistant Grade-III and the next promotional post is Assistant Grade-II, for which only five years experience is required, which the petitioner fulfills. That, the benefit of second time bound pay-scale was given to the petitioner after screening his case by the screening Committee, therefore, the same could not have been withdrawn without issuing any notice to the petitioner.