[2025:RJ-JP:12784] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.19459/2015 Bhagwat Prasad Sharma S/o Shri Kulmani Lal Sharma Retired Senior Teacher, Kalyan Mohalla Kaman District Bharatpur ----Petitioner Versus 1. The State Of Rajasthan Through The Principal Secretary, Education Department, Government Secretariat, Rajasthan, Jaipur 2. The Director, Secondary Education, Rajasthan, Bikaner 3. The Deputy Director, Secondary Education, Bharatpur Division, Bharatpur 4. The Block Elementary Education Officer, Kaman, District Bharatpur Raj. ----Respondents For Petitioner(s) : Mr. N.C. Sharma For Respondent(s) : Ms. Anjum Parveen Salawat for Ms. Namita Parihar, Dy. GC JUSTICE ANOOP KUMAR DHAND Order 20/03/2025 1. By way of filing this petition, a challenge has been made against the impugned order dated 16.12.2014 passed by the respondents by which the benefit of selection scale extended to the petitioner vide order dated 20.10.2011 has been withdrawn and, accordingly, recovery orders have been passed against the petitioner. 2. Learned counsel for the petitioner submits that the aforesaid order has been passed without issuing any notice and without providing any opportunity of hearing to the petitioner, hence such [2025:RJ-JP:12784] (2 of 3) [CW-19459/2015] action of the respondents has resulted in violation of principles of natural justice. 3. Per contra, learned counsel for the respondents opposed the arguments raised by learned counsel for the petitioner and submitted that, due to inadvertent mistake, wrong fixation was granted in favour of the petitioner. Learned counsel submits that subsequently the mistake was rectified by the respondents by passing the order impugned. Learned counsel submits that the petitioner is entitled to get selection scale of 6500-10500 but the same was erroneously fixed as 7500-12000. Learned counsel submits that controversy involved in this petition has already been decided by the co-ordinate Bench of this Court at Principal Seat, Jodhpur in the case of Bhanwar Lal Soni Versus State of Rajasthan & others while deciding S.B. Civil Writ Petition No.3375/2011 on 08.02.2012. Learned counsel submits that, under these circumstances, interference of this Court is not warranted. 4. Heard and considered the submissions made at Bar and perused the material available on the record. 5. Perusal of the record indicates that vide order dated 20.10.2011, the selection scale was granted to the petitioner under the pay scale of 6500-10500 and, accordingly, subsequent benefits were granted but on one fine morning i.e., on 16.12.2014 without issuing any notice to the petitioner and without affording him any opportunity of hearing the order dated 20.10.2011 was withdrawn. By doing such exercise, the respondents have violated the principles of natural justice. 6. It is settled proposition of law whenever any adverse order is passed against the person, the authority concerned is supposed to [2025:RJ-JP:12784] (3 of 3) [CW-19459/2015] provide an opportunity of hearing to the said person, but in the instant case such opportunity has not been provided to the petitioner, hence on this count alone, the impugned order dated 16.12.2014 is not sustainable and is liable to be quashed and set- aside. 7. Accordingly, the writ petition stands allowed. The order dated 16.12.2014 stands quashed and set-aside. The matter is remitted to the concerned authority for passing appropriate fresh order after affording due opportunity of hearing to the petitioner within a period of three months from the date of receipt of certified copy of this order. 8. Stay application as well as all applications (pending, if any) stand disposed of. (ANOOP KUMAR DHAND),J Karan/78