IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 2351 of 2003
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Tej Narayan Bhagat & others … … Petitioners.
Versus
The State of Jharkhand & others … …. Respondents
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CORAM: HON'BLE MR. JUSTICE D. N. PATEL
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For the Petitioners : M/s Swami Nath Prasad Roy, R.K. Singh
For the Respondents : M/s J.C. to G.P.-II, S. Srivastava
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04/ Dated 21st of May, 2009
1. Being aggrieved and feeling dissatisfied by an order
passed by respondent no. 7 dated 19th September, 2002 (at
Annexure-7), the petitioner has preferred this petition mainly for
the reason that after lapse of approximately two decades, the
benefit, which was given of the scale of Intermediate Trained Scale,
is withdrawn by the impugned order. The benefit of Intermediate
Trained Scale was given on 19th November, 1987 (vide letter at
Annexure-5), with effect from 1st April, 1981. Thus, a benefit which
was given in the year 1987, is withdrawn by order dated 19th
September, 2002. It is also submitted by the learned counsel for
the petitioner that without giving any notice and without giving any
opportunity of being heard to the petitioners, an order at
Annexure-7 has been passed by respondent no. 7. It is also
submitted by the learned counsel for the petitioners that initially
the petitioners were appointed as Assistant Teacher with effect
from 12th August, 1978; thereafter, Intermediate Trained Scale was
given in 1987 with effect from 1981; thereafter, petitioners worked
for several years on the said post with the Intermediate Trained
Scale and not on a single occasion, any grievance was ventilated by
any of the respondents. For the first time, in the year 2002,
allegations were levelled that the scale was wrongly given and
unilaterally, arbitrarily and without giving any opportunity of being
heard to the petitioners, the benefit which was given in the year,
1987 of Intermediate Trained Scale has been withdrawn and
therefore, the order at Annexure-7 is passed in gross violation of
principles of natural justice and therefore, the same deserves to be
quashed and set aside. Had an opportunity of being heard been
given to the petitioners they would have pointed out to the
respondents that there was no mistake or illegality or irregularity
in grant of Intermediate Trained Scale to the petitioners, but,
directly an order has been passed without giving any opportunity
2.
of being heard to the petitioners and therefore, the present petition
has been preferred. Learned counsel for the petitioners has also
drawn attention of this Court to various affidavits filed by the
respondents including one which is filed by the respondent no.6,
which is in favour of the present petitioners.
2. I have heard learned counsel for the respondents, who
has submitted that wrongly given benefit cannot be continued to
be retained by the petitioners and therefore, the same is withdrawn
vide order dated 19th September, 2002 at Annexure-7. It is also
submitted by the learned counsel for the respondents that
petitioners were not entitled for Intermediate Trained Scale and
therefore, for the reasons stated in the impugned order at
Annexure-7, the said Intermediate Trained Scale benefit has been
withdrawn and therefore, the present petition deserves to be
dismissed.
3. Having heard learned counsels for both the sides and
looking to the facts and circumstances of the case, I hereby quash
and set aside the order passed by respondent no. 7 dated 19th
September, 2002 at Annexure-7 to the memo of the petition, for
the following facts and reasons:-
(i) it appears that the present petitioners were appointed
as a Teacher in the year 1978 and 1979 thereafter,
they were given Intermediate Trained Scale vide order
at Annexure-5 dated 19th November, 1987 with
retrospective effect i.e. with effect from 1st April, 1981.
(ii) It also appears that thereafter, the present petitioners
have worked on the said posts on the same scale for
much longer period to the satisfaction of the
respondents. Never any notice, never any memo, never
any departmental proceedings have been issued or
initiated against the present petitioners. Spotless are
the careers of the present petitioners.
(iii) it appears that abruptly an order has been passed at
Annexure 7 by respondent no. 7 dated 19th September,
2002 that the Intermediate Trained Scale was wrongly
given in the year 1987. There are certain reasons
stated in the impugned order, but, it appears that no
notice, no hearing was ever given to the petitioners,
3.
prior to passing the order at Annexure-7. Once, there
is a benefit accrued in favour of the petitioners or if
there is any vested right in the petitioners which is to
be taken away, subsequently, at least principles of
natural justice ought to have been followed. The
respondent no. 7 could have issued a notice and could
have waited for a couple of days more before passing
an order at Annexure-7. Had an opportunity of being
heard been given to the petitioners, they would have
pointed out the correct facts in their favour. It is
admitted fact that no hearing was given to the
petitioners nor any notice was given to the petitioners.
(iv) Learned counsel for the petitioners has also relied
upon the following decisions and submitted that the
benefit which is given of a higher pay scale of
Intermediate Trained Scale cannot be withdrawn after
such a long lapse of time:- (i) in a case of Papsu Road
Transport Corporation Vs. Lachhman Das Gupta &
others as reported in 2001(2)JCR 467 (SC), (ii) in a
case of Teres Ekka Vs State of Jharkhand & Ors. as
reported in 2007(2)JLJR 41, and (iii) Nar Singh Pal
Vs. Union of India & others as reported in 2000 (3)
SCC 588. In view of these decisions also, the order
passed at Annexure-7, deserves to be quashed and set
aside.
4. As a cumulative effect of the aforesaid facts and
circumstances, I hereby quash and set aside the order passed by
respondent no. 7 dated 19th September, 2002 at Annexure-7 to the
memo of the present petition. Accordingly, the petition is allowed to
the aforesaid extent.
(D. N. Patel, J)
VK