By consent, the writ petition is taken up for final disposal. Mr.N.Inbanathan, learned Government Advocate [Forests] accepts notice on behalf of the respondent.
2 The petitioner was initially appointed as Forest Watcher on 25.10.1990 and got his promotion as Forest Guard in the year 1999. The petitioner would further aver that on account of the fact that the Forest Brigand Veerappan was apprehended, the petitioner was given accelerated promotion as Forester with effect from 13.02.2005 and had completed more than 10 years of service in the post of Forester on 12.02.2015 and vide proceedings of the respondent dated 17.10.2015, the petitioner was granted selection grade in the post of Forester with effect from 13.02.2005 and his scale of pay was fixed at Rs.15190 + GP Rs.4400/- and the petitioner was also permitted to draw the arrears from 13.02.2005. The petitioner would further aver that to the shock and surprise, the respondent had issued two impugned orders dated 17.10.2016 and 19.10.2016 respectively, cancelling pay fixation already granted to him on 17.10.2015 and the consequential order of recovery and challenging both the orders, the petitioner came forward to file the present writ petition.
3 The learned counsel for the petitioner has drawn the attention of this Court to the impugned orders and would submit that admittedly, before ordering refixation and the consequential order of recovery, the petitioner has not been put on notice and since the impugned orders are per se in violation of the principles of natural justice, prays for quashment of the same.
4 Per contra, Mr.N.Inbanathan, learned Government Advocate [Forests] would contend that the respondent having found that one step promotion cannot be considered for grant of selection grade of pay and taking into consideration of the said fact, the impugned orders of refixation and recovery came to be passed and prays for dismissal of this writ petition.
5 This Court paid its best attention to the rival submissions and also perused the typed set of papers.
6 A perusal of the impugned orders passed by the respondent would clearly reveal that no opportunity whatsoever has been afforded to the petitioner before passing it. It is a well settled position of law that orders of refixation and the consequential recovery, visits the concerned employee with grave civil consequences and in all fairness, the respondent ought to have put the petitioner on notice before passing the impugned orders and unfortunately, it has not been done so.
7 This Court, taking into consideration, the above facts and circumstances, is of the view that the impugned orders dated M.SATHYANARAYANAN, J., AP 17.10.2016 and 19.10.2016 respectively, shall be treated as show cause notices and the petitioner is at liberty to submit his response/explanation to the respondent, within a period of four weeks from the date of receipt of a copy of this order and upon receipt of the same, the respondent shall consider the said explanation / response on merits and in accordance with law and pass orders within a further period of eight weeks thereafter and communicate the decision taken, to the petitioner and till such time, shall defer all further proceedings as to refixation and the consequential recovery.
8 The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
20.01.2017 Index : Yes / No Internet : Yes / No AP To The District Forest Officer Salem Forest Division, Salem.
W.P.No.1500/2017 http://www.judis.nic.in