TEJINDER SINGH DHINDSA, J.
Learned counsel for the parties have been heard at length.
The petitioners were initially appointed in the Department of Health and Family Welfare, State of Punjab on the posts of Basic Health Workers, Vaccinators and Multipurpose Workers on different dates. The aforementioned posts along with other posts were merged and re-designated as Multipurpose Workers (Male) in terms of notification dated 9/12.2.1990 with effect from 20.1.1989 Vide notification dated 21.8.1990, Annexure P5, the State Government took a decision that 50% of the cadre of Multipurpose Workers would be granted a selection grade/senior scale of Rs. 1350-2400. In pursuance to such decision, all the petitioners were granted selection grade/senior scale with effect from different dates in terms of order dated 2.1.2002, Annexure P6. In terms of order dated 13.4.2011, the State Government took a decision to withdraw the benefit of the senior scale that had been granted to the petitioners.
3. The present writ petition has been filed impugning the order dated 13.4.2011 whereby the benefit of senior scale that stood already granted to the petitioners has been withdrawn as also to impugn the consequent recovery to be effected from the petitioners.
4. Learned counsel appearing for the petitioners would contend that the benefit of senior scale that had been granted to the petitioners was not on account of any mis-representation or fraud that could be attributed to the petitioners. It has been contended that the petitioners were amongst the senior most 50% of the cadre strength of Multipurpose Workers as on the date with effect from which the selection grade/senior scale had been granted and as such, the passing of the impugned order could not be justified. It was further argued that the impugned order is in clear violation of the principles of natural justice as no reasons have been recorded to justify as also to disclose the basis for withdrawing the senior scale.
5. On behalf of the State, it has been stated that there is a sanctioned cadre strength of 2986 posts of Multipurpose Health Workers (Male). A stand has been taken that in terms of the notification dated 21.8.1990, the selection grade was given to the Multipurpose Health Workers from Serial No. 1 to 1493 as per the seniority list pertaining to the year 1995. Thereafter, such seniority list was re-cast in the year 1997 and the selection grade had been given to such Multipurpose Health Workers (Male), whose names figured from Serial No. 1494 to 1830. A justification has been put forth stating that the selection grade had to be given from Senior No. 1494 to 1830 as per seniority list of the year 1995 and not as per seniority list pertaining to the year 1997. Still further, an order dated 16.2.2012, Annexure R/1, has been appended along with the reply in terms of which the matter had been considered by a Standing Committee constituted in terms of Government order dated 12.1.2012, wherein the decision to withdraw the benefit of selection grade from such Multipurpose Health Workers whose names figured from serial No. 1611 to 1830 as per seniority list of 1997 has been taken. In terms of the reply filed by the State, it has been categorically asserted that even though the benefit of selection grade had been withdrawn from the petitioners but no recovery in pursuance to such action was being made.
6. On a pointed query put to the learned counsel appearing for the State, it has been conceded that no opportunity of hearing had been granted to the petitioners prior to the passing of the impugned order dated 13.4.2011, Annexure P12. It has also been conceded that even the decision dated 16.2.2012, Annexure R/1, taken by the Standing Committee was behind the back of the petitioners.
7. It is by now well settled that no order which entails adverse civil consequences can be passed without affording an opportunity of hearing to the concerned employee. As such, the impugned order dated 13.4.2011, Annexure P12, withdrawing the benefit of selection grade from the petitioners cannot be sustained on the short ground that the same had been passed in clear violation of the principles of natural justice.
8. It would be apposite to notice that the seniority lists referred to in the written statement pertaining to the years 1995 and 1997 were tentative seniority lists, as would be clear from Annexures P2 and P3 appended along with the writ petition. Apparently, an order withdrawing the benefit of selection grade has been passed by the State without even finalizing the seniority list of Multipurpose Health Workers (Male).
9. For the reasons stated above, the present writ petition is allowed. The impugned order dated 13.4.2011, Annexure P12, withdrawing the benefit of selection grade of Rs. 1350-2400 from the petitioners is quashed. Liberty is, however, granted to the respondent-State to pass orders afresh in relation to the claim of the petitioners for the grant of selection grade strictly in consonance with the principles of natural justice and after finalizing the seniority list pertaining to the cadre of Multipurpose Health Workers (Male).
10. Petition allowed in the aforesaid terms.