By way of this petition, the petitioner has challenged the order dated 7.1.2006 at Annexure-H to the petition whereby the petitioner was absorbed as Fisheries Officer and higher grade scale given to the petitioner was cancelled. Learned counsel for the petitioner submitted that the petitioner was appointed as Mechanic turner in the year 1976. Thereafter, he was directly appointed as Mechanical Instructor in the pay scale of Rs. 475-800 by order dated 12.7.1978. On the said post with effect from 31.8.1982, the petitioner was confirmed by order dated 23.3.1984. Higher grade scale of Rs. 2000-3500 was granted to the petitioner with effect from 20.4.1990 vide order dated 1.9.1993.
It is the case of the petitioner that after reconstruction of the Fisheries Department by Resolution dated 20.6.1997, the petitioner was absorbed as Foreman Mechanic vide order dated 1.12.1997 which was in a lower scale. Later on by the impugned order, the pay scale of the petitioner is reduced with effect from 1997 which was given vide order dated 1.9.1993.
Learned counsel for the petitioner has contended that identically situated person was granted the benefit of higher scale vide order dated 15.9.2008 issued by the Deputy Secretary (Fisheries). However, the petitioner is deprived of his legitimate right which was granted to him, without issuing any notice to him and without providing him an opportunity of being heard.
Learned A.G.P. Mr. Dave for the respondent State has filed affidavit in reply and justified their action in cancelling the higher grade scale more particularly in paragraph No. 17 of the reply that the petitioner is not entitled to higher grade scale which was wrongly granted to him.
I have heard learned counsel for the parties. The impugned order is required to be cancelled only on the short ground of violation of principle of natural justice since no notice was issued to the petitioner before passing the impugned order on 7.1.2006.
In the result, the petition is allowed. The impugned order dated 7.1.2006 is quashed and set aside only on the ground that principle of natural justice is violated by the respondents before passing the impugned order. If the respondents desire to pass any order, they will issue notice and provide an opportunity of being heard to the petitioner and after considering the order dated 15.9.2008 passed in case of identically situated persons. Rule is made absolute to the aforesaid extent.
(K.S. JHAVERI, J) (pkn)