SHARMA, J. - (1.) INSTANT writ petition preferred by five petitioners raises a common question of law, as to whether benefit of selection grade once granted can be withdrawn unilaterally?
(2.) AS per the undisputed facts all the petitioners after serving the respondent institute stood retired. The petitioners while they were in service had been granted selection grade in view of the Circular dated January 25, 1992 of the State of Rajasthan. After retirement of the petitioners the respondent decided to withdraw the benefit of selection scale so granted to the petitioners and orders of recovery from the retrial benefits were issued. The said orders have been impugned by the petitioners in this writ petition. The respondent in its return raised preliminary objection in regard to maintainability of the petition and averred that since the impugned orders were issued on the basis of the inspection report of Accountant General, Rajasthan, the petitioners were not entitled to any relief. I have given my thoughtful consideration to the rival submissions and weighed the record. The accepted methodology of administrative working should always be in tune with the concept of fairness and not dehors the same. It is essential to grant reasonable opportunity of hearing to the affected persons before passing of an administrative order. It is a fundamental principle of fair hearing incorporated in the doctrine of natural justice as a rule of universal obligation that all administrative acts or decisions affecting rights of individuals must comply with the principles of natural justice and the persons sought to be affected adversely must be afforded not only an opportunity of hearing but a fair opportunity of hearing. Undeniably the respondent in the instant case issued directions to withdraw the benefit of selection grade, granted to the petitioners, without providing the opportunity of hearing and the impugned orders of recovery of selection grade once granted to the petitioners arbitrary and are against the principles of natural justice. Since the cause of action is common. I am of the view that joint petition is maintainable.
(3.) FOR these reasons, I allow the writ petition and quash the impugned orders of recovery. I direct the respondent to provide retrial benefits to the petitioners without making adjustment of any amount. There shall be no order as to costs. .;