NATH MOHI RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred by the petitioner against orders at Annexures -4, 5 and 5/A whereby pay scale of the petitioner has been reduced and order of recovery has been passed.

(2.) COUNSEL for the petitioner is challenging these annexures namely Annexure -4 and Annexure -5 and Annexure -5/A, mainly on the ground that without giving any show cause notice and without giving any opportunity of being heard to the petitioner, the pay scale which was given in the year, 2007 has been initially reduced on 4th March, 2009 and further it was reduced on 24th March, 2009. Had an opportunity would have been given to the petitioner, the petitioner would have pointed out to the concerned respondents authorities that no illegality was committed by the respondents -State in granting the benefit of Second Assured Career Progression. In fact, the petitioner was serving since 1973 and at regular intervals and in consonance with the Governmental policies, benefits of First Assured Career Progression as well as Second Assured Career Progression were given to the petitioner, but, unilaterally and arbitrarily and in violation of Article 14 of the Constitution of India, these orders at Annexure -4 and Annexure -5 have been passed. Likewise, consequent order at Annexure -5/A has also been passed for the recovery of the amount from the petitioner. All these three orders, therefore, deserve to be quashed and set aside.

(3.) HAVING heard counsel for both the sides and looking to the facts and circumstances of the case, I hereby, quash and set aside the orders at Annexure -4 dated 4th March, 2009, the order at Annexure -5 dated 24th March, 2009 as well as order at Annexure -5/A dated 26th March, 2009, for the following facts and reasons: -