D.N. Patel, J. - (1.) Learned counsel for the petitioners submitted that the petitioners were serving as Statistical Supervisors. Petitioner nos. 1 to 3 were given the benefits under the Assured Career Progression Scheme by an order dated August 25, 2005 with retrospective effect i.e. 1st A.C.P. with effect from August 9, 1999 and 2nd A.C.P. with effect from February 9, 2000, whereas petitioner nos. 4 and 5 were given the benefits under the Assured Career Progression Scheme by an order dated August 25, 2005 with retrospective effect i.e. 1st A.C.P. with effect from March 2, 1990 and 2nd A.C.P. with effect from March 9, 2000. Thus, the petitioners were correctly given the benefits under Assured Career Progression Scheme, looking to the length of their services and the said benefit has been withdrawn unilaterally, arbitrarily and without giving any notice or opportunity of being heard to the petitioners, vide order dated February 19, 2009, at Annexure 7 to the memo of present petition and, therefore, the said order deserves to be quashed and set aside.
(2.) I have heard learned counsel for the respondents, who has submitted that a wrongly given benefit cannot be retained by the petitioners and the error cannot be allowed to be continued for a longer period, which is never the law of land, and, therefore, subsequently, the order at Annexure 7 to the memo of petition has been passed of withdrawal of the benefits, wrongly given to the petitioners and, therefore, the present petition deserved to be dismissed.
(3.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, I hereby quash and set aside the order dated February 19, 2009, passed by respondent no.2, at Annexure 7 to the memo of present petition, mainly for the reasons that the accrued benefits, given vide order dated August 25, 2005 (with retrospective 2. effect) cannot be withdrawn in February, 2009, by a nonspeaking, arbitrary and unilateral action, without giving any opportunity of being heard to the petitioners. Thus, there is a violation of the principles of natural justice and whenever, there is a violation of the principles of natural justice, there is always an arbitrariness in the order.;