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Judgment
Vinod K. Sharma, J.—The Petitioner prays for the issuance of a writ in the nature of Certiorari to quash the order, dated 1.1.2004 vide which the selection grade and special grade granted to the Petitioner was cancelled.
The admitted facts reads as under:
The Petitioner joined as B.T.Assitant(history) in Hajee B.Syed Mohammed Higher Secondary School, Virudhunagar on 6.11.1978 and continued their upto 1.4.1979. Thereafter, on 2.1.1980, the Petitioner joined as B.T.Assistant(history) in the Al Ameen Higher Secondary School, Madurai. While working in the school, the Petitioner acquired M.A (Tamil) in the year 1982. The Petitioner thereafter joined at Ilayangudi Higher Secondary School, Sivagangai District as Tamil Pandit, and was working there till termination.
The Petitioner during his employment acquired qualification of M.Ed, B.Lit and M.Phil(Tamil). By counting the total service rendered by the Petitioner as B.T.Assistant(History) and Tamil Pandit, he was awarded selection grade on 7.8.1989 and special grade on 7.8.1989.
On 2.9.2003 the District Education Officer cancelled the selection grade and special grade granted to the Petitioner by placing reliance on Government letter, dated 18.06.1979.
The Petitioner challenged the order of cancellation by filing W.P. No. 28491 of 2003 as the order was passed in violation of the principles of natural justice. This Court quashed the order and directed the official Respondent to pass fresh order after giving opportunity of hearing.
In pursuance to the order passed by this Court,the Petitioner was given personal hearing, and impugned order was passed cancelling the selection grade and special grade granted to the Petitioner by placing reliance on a letter dated 18.6.1979 and 7.6.1981.
The letters on which reliance was placed have not seen the light of the day, as neither these letters are supplied to the Petitioner at the time of hearing, nor the learned Additional Government Pleader has been able to place them on record in this Court.
The Petitioner challenged the impugned order, on the ground that the impugned orders cannot be sustained as it suffers from violation of the principles of natural justice.
The contention of the learned Counsel for the Petitioner is that principles of natural justice cannot be put in a straight jacket, and it is on the facts and circumstances of each case which show, as to whether there has been violation of principles of natural justice or not. There is force in the contention raised by the learned Counsel for the Petitioner. Mere offering of hearing to the Petitioner does not satisfy the requirements of natural justice. The Petitioner was not only required to be heard, but was also to be supplied with requisite papers, on which the department placed reliance to pass an adverse order against him.
In the case on hand, admittedly, in spite of the demand, the officials failed to supply copies of the letter dated 18.6.1979 or 7.2.1981 to enable the Petitioner to effectively contest the proposed action. The order therefore was passed violation of principles of natural justice.
The other ground of challenge is equally forceful, as vide G.O.Ms. No. 898, dated 23.9.1983, the Government has laid down that for the purpose of granting of selection grade and special grade the services rendered by an employee previously is also to be counted. It is not in dispute that the grade of B.T.Assistant(History) and that of Tamil Pandit is same. The Petitioner therefore is proved to have worked in the same grade for the stipulated period, to be entitled to special grade and the selection grade.
The impugned order thus is in violation of G.O.Ms. No. 898 therefore cannot be sustained in law.
For the reasons stated above, the Writ Petition is allowed and the impugned order is set aside. No. costs.