HARI SHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HELD - It is an admitted position that the petitioner was appointed as Sanitary Inspector-cum-Food Inspector, w. e. f. 14. 01. 1969 and it was only because of his having training and also having sufficient experience in compliance with the Rules that he was given promotions by the Board from the post of A. S. I. Gr. IIIrd to the post of S. I. Grade-lst, w. e. f. 1. 04. 1973. since otherwise the department would not have given promotions to the petitioner from time to time which were due to him in accordance with the Rules. It is a very strange anomaly that the Municipal Board, has taken a stand in its reply that the Board was not competent to give promotion to the petitioner as S. l. Gr. Ilnd or S. I. Gr-Ist and it is not understandable as to how the said orders which were passed with the approval of the Municipal Board, could be deemed to be null-void. It is a settled proposition of law that there cannot be any estoppel against the statute likewise it is not open to the Municipal Board, to plead estoppel against its own administrative order, which is totally non-est in-valid and in-operative in the eye of law. It has been contended by the respondents in their reply that it was only the Commissioner which could make the regular selections by direct recruitment. The aforesaid contentions of the Municipal Board, does not stand to reason particularly when this is not a case of direct recruitment by the commission but the appointment of the petitioner on the post of S. I. G. r Ist was by way of promotion. Hence, it is not open to the non-petitioner to plead ignorance of the Rules or to contend that in the absence of availability of the vacancies, the Municipal Board, Bayana, did not have any authority of law to have fixed the petitioner in the pay-scale of S. I. Gr-IInd or for the reason in the grade of S. I. Grade 1st.

(2.) DURING the course of hearing learned counsel for the petitioner has placed reliance on the judgment in the case of Akbar Khan & Ors. vs. The State of Raj. & Ors. (1), wherein this Court while dealing with the similar case has held that principle of audi-alteram-parterm applies. Affected parties are entitled to be heard before mistake is corrected. The principle of audi alteram partem applies with full force even in administrative matters. It was obligatory on the part of the authorities to issue show cause notice before correcting the mistake which they considered to be a mistake. The petitioner had the right to make a submission that it was not a mistake, they could have also submitted some material before the authorities to convince them that it may not be a case of mistake at all. Learned counsel for the petitioner has also placed reliance on the judgment in the case of Sh. Govind Prasad vs. R. G. Prasad & Ors. (2), wherein the Apex Court has held that it is a settled law that an executive order of the government cannot be made operative with retrospective effect.

(3.) A copy of this order be sent to the Director, Local Bodies, Government of Rajasthan, Jaipur, with the direction that he should comply the order passed by this Court immediately and submit a compliance report to this Court positively within eight weeks from today. .