RAM DEEP SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. This petitioner has approached this Court again for the reason that respondent No. 4, the Executive Engineer, Road Construction Department, Sahebganj vide order dated 24.05.2010 contained in Memo No. 276 has rejected the claim of the petitioner for payment of Assured Career Progression benefits.

(2.) Earlier he had approached this Court in W.P. (S) No. 3404 of 2006 being aggrieved vide order dated 17.09.2005 whereby pay scale of the petitioner i.e. Rs. 5000-8000/- was reduced to Rs. 4000-6000/- without giving any opportunity of being heard. The writ petition was disposed of after quashing the impugned order dated 17.09.2005 giving opportunity to the respondents to initiate any action in accordance with law, rules and regulations and policy and enforceable government orders, at least after following the principles of natural justice and after giving adequate opportunity of being heard to the petitioner or to his representative. It was also observed that a copy of circular dated 02.11.2004 was not given to the petitioner nor any notice nor any opportunity of being heard was given to the petitioner before withdrawal of the accrued right vested in the petitioner. For better appreciation, the relevant part of the order dated 19.05.2009 passed in W.P. (S) No. 3404 of 2006, Annexure-4 is quoted herein:-

(3.) It is contention of the petitioner that after passing of the said order, the respondent purportedly issued the registered letter dated 08.05.2010 asking the petitioner to appear on 24.05.2010. However, the said letter was received by him in first week of June, 2010. Therefore, no proper service of notice upon the petitioner was done as was required to be done in view of the order passed in W.P. (S) No. 3404 of 2006 and in his absence, the matter was decided by the impugned order dated 24.05.2010 passed by the respondent No. 4, the Executive Engineer, Road Construction Department, Sahebganj. Such statement has been made in para-22 of the instant writ petition.