DIWAN SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) It is the admitted position that the petitioner, vide order dated 12.02.1998, passed by the Superintendent of Police, Bhiwani, was appointed as a whole -time Mali (Contingent Paid). It is further not disputed that he continued to work as such for about a decade i.e. till March 2007. However, withy effect from 01.03.2007, initially the respondents withheld his salary and then after about a year thereafter, though his salary was released but only after treating the petitioner as a part -time Mali, which was much lower than the emoluments of a whole -time Mali (Contingent Paid). The fact that the petitioner is serving the respondents till date is also not controverted.

(2.) The petitioner has filed the present petition seeking issuance of direction to the respondents to release to him the wages payable to a wholetime Mali (Contingent Paid).

(3.) It is not disputed that the petitioner had been appointed on whole -time basis (Contingent Paid). No notice was ever issued to him before his appointment was converted to part -time basis. In fact, a perusal of the record shows that even no order was passed for conversion of the status of appointment of the petitioner. As the conversion of the status of appointment of the petitioner involved civil consequences, principles of natural justice were required to be followed before such conversion which admittedly were not. Thus, the action of the respondents to convert his appointment from whole -time (Contingent Paid) basis to part -time basis was illegal.