Ram Chander (Khalasi) vs Punjab State Power Corporation Ltd. and Ors

Augustine George Masih, J.—This order would dispose of CWP Nos. 19244, 19247 and 19274 of 2010, as common questions of fact and law are involved.

Facts are being taken from CWP No. 19244 of 2010.

The Petitioner is working as a Khalsi with the Respondents. He contends that the post of the Petitioner had throughout been treated as a Technical post and accordingly sought granting the pay scales also. Vide order dated 31.5.2010 (Annexure P-4), the post of the Petitioner Khalasi has been ordered to be treated as non-technical and the pay of the Petitioner had been reduced with retrospective effect from 24.11.2004. Recovery has also been ordered. He contends that before passing this order, neither any notice was given nor any hearing was granted to the Petitioner, thus violated the principles of natural justice and principle of audi alterm partem. Accordingly, he prays for quashing of the impugned order and allowing these writ petitions.

Counsel for the Respondents could not dispute the contention raised by the counsel for the Petitioner with regard to the non-issuance of notice or hearing the Petitioner before passing the impugned order.

Accordingly, on this short ground alone, the impugned order can not be sustained. The impugned order dated 31.5.2010 (Annexure P-4) passed by Respondent No. 2 -the Chief Engineer O&M GGSSTP Roopnagar, is hereby quashed. Recovery, if effected from the Petitioner(s) shall be refunded to him within a period of eight (8) weeks from the date of receipt of certified copy of this order. It would be open to the Respondents to comply with the mandate of law and pass fresh orders in accordance therewith.