SANJAY SINGH Vs. STATE AND OTHERS

JUDGEMENT

(1.) The learned Single Judge of this Court has dismissed the appellant's writ petition on the ground of availability of alternative remedy. It has been observed that the dispute relates to contractual liability hence, it would not be proper exercise the discretion under Art. 226 of the Constitution of India.

(2.) In this appeal, the facts in brief are that the appellant was appointed as Driver in the Municipal Board, Dholpur on 10th March, 1992 on daily wages. Initially, the appointment was for a period of three months which was extended from time to time. Thereafter, on his application for grant of regular pay- scale an order (Annexure 7) dated 17.12.1992 was passed by which the appellant was allowed pay-scale of Rs. 950-1680. This was done on the basis of resolution passed by the Administrative Committee. Four employees working on daily wages were also given regular pay-scale. Subsequently, on the basis of a letter of Deputy Director, Local Self Government, dated 15th Jan., 12993, the Chairman, Municipal Board, Dholpur, passed an order dated 6th March, 1993 withdrawing the regular pay-scale allowed to him and he was allowed fixed pay of Rs. 550.00 per month.

(3.) It has been contended by the learned counsel for the appellant that the regular pay-scale allowed to him could not be withdrawn without giving an opportunity of hearing. He has placed reliance on the case of Divisional Supdt., Eastern Railway, Dinapur and others Vs. Shri L.N. Keshari and others and The Union of India Vs. Vidhya Sagar Mishra, 1975(3) SCC 1 and another decisional given in the case of Nandlal Vs. The State of Rajasthan, 1988(2) RLW 190 : 1988(2) RLR 738, in which it was held that even if the order of appointment was illegal or void in law still before the termination of service, an opportunity of hearing should be given to the employee on the principles of natural justice.