[2025:RJ-JP:32278] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4840/2011 Ashok Kumar Sharma S/o Shri Govind Sahai Sharma, aged about 60 years, R/o 64/80, Pratap Nagar Housing Board, Sanganer Jaipur ----Petitioner Versus 1. Swami Keshwanand Rajasthan Agricultural University, Bikaner through Its Registrar 2. The Zonal Director Research, Agricultural Research Station, Durgapura, Jaipur ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. R.K. Paliwal for Mr. R.K. Katta HON'BLE MR. JUSTICE ANAND SHARMA Order 18/08/2025 1. None for the petitioner even in the second round. 2. By way of filing the instant writ petition, petitioner has assailed legality and validity of order dated 16.03.2011 passed by respondent-University whereby selection grade granted to the petitioner in the year 1992 has been modified by the department in the manner detrimental to the interest of the petitioner and recovery of alleged excess amount has been directed to be effected. 3. It has been stated in the writ petition that the impugned order dated 16.03.2011 has been issued in violation of principles of natural justice without giving any notice or opportunity of hearing to the petitioner. It has also been stated [2025:RJ-JP:32278] (2 of 3) [CW-4840/2011] that selection grade was granted by the respondent-University at its own without there being any misrepresentation or fraud on the part of the petitioner. Hence, under these circumstances, modifying the same after a period of around 19 years, after retirement of the petitioner and that too without giving any opportunity of hearing is arbitrary and illegal. 4. Reply to the writ petition was filed by the respondent- University. 5. Learned counsel appearing for the respondents submits that on account of some clerical mistake and due to oversight, pay of the petitioner as on 01.01.1990 was treated as Rs.1950/-, whereas in fact it was fixed at Rs.1900/- and on account of such mistake, wrong fixation was done and excessive benefits of selection grade was granted to the petitioner. At the time of releasing the retiral benefits, the aforesaid mistake was reflected and therefore, the impugned order has rightly been passed by the respondents. 6. I have considered the rival submissions made by the respondents and examined the record. 7. Making fixation is in the sole domain of employer and the employee cannot be made sufferer for any fixation made by the respondents at their own. In the instant case, while granting selection scale, fixation was made in the year 1992. The petitioner continue to draw salary as per fixation, after selection grade, made by the respondents. After his retirement, without granting him any opportunity of hearing, the impugned order has been passed. It is a settled proposition of law that any order which affects civil rights of an employee cannot be passed without [2025:RJ-JP:32278] (3 of 3) [CW-4840/2011] following the principles of natural justice. Hence, under these circumstances, where the petitioner was also retired, I deem it proper to quash and set-aside the impugned order dated 16.03.2011 to the extent of recovery sought to be made vide aforesaid order. 8. The instant petition stands allowed as per aforesaid directions. (ANAND SHARMA),J NEERU/32