SWAPAN KUMAR MITRA Vs. JHARKHAND STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN
LAWS(JHAR)-2009-2-67
HIGH COURT OF JHARKHAND
Decided on February 13,2009

SWAPAN KUMAR MITRA Appellant
VERSUS
JHARKHAND STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN Respondents

JUDGEMENT

- (1.) THE present petition has been preferred mainly ventilating the grievance of the petitioner for the order at Annexure -4, which has been passed by the concerned respondent authorities dated 25th of August, 2005 to the effect that Super Selection Grade which was given to the petitioner w. e. f. 21st of March, 1993, has now been cancelled by the aforesaid order and that too without affording any opportunity of being heard.
(2.) LEARNED counsel for the petitioner mainly submitted that there is a breach of principle of natural justice before passing the impugned order at Annexure -4 and arbitrarily the decision has been taken by the concerned respondent authorities. It is also submitted by the learned counsel for the petitioner that retirement benefit has been fixed on the basis of lower pay scale. It is also submitted that other similarly situated person have been given benefit of Super Selection Grade, whereas, the petitioner has been discriminated, without assigning any reason, worth the name, by the concerned respondent authorities. I have heard the learned counsel for the respondents, who has mainly submitted that the Super Selection Grade was wrongly given to the petitioner and, therefore, same has been cancelled by the order at Annexure -4 dated 25th of August, 2005. So far as, retirement benefit is concerned, the same has already been paid to the petitioner and, therefore, the petition deserves to be dismissed.
(3.) HAVING heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that order at Annexure -4 dated 25th of August, 2005 which takes away the valuable right, which was already given to the petitioner of super selection grade w. e. f. 21st of March, 1993 without giving any opportunity of being heard.;


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