Facts
The petitioner was engaged as a daily-rated employee on Collector Rate since June 5, 2014
Source reference: para. 2On May 10, 2018, the competent authority classified the petitioner as "Skilled Labour" based on his educational and technical qualifications (Higher Secondary, ITI, and Computer Course)
Source reference: para. 2Consequently, his pay was fixed at ₹5,000–8,000
Source reference: para. 2On December 7, 2020, the respondents issued an impugned order reclassifying the petitioner as "Semi-Skilled Labour" and reducing his pay scale to ₹4,500–7,500
Source reference: para. 2This reclassification was done without issuing a show-cause notice or providing an opportunity for a hearing
Source reference: para. 2, 7The petitioner challenged the order, citing a violation of natural justice and discrimination, noting that a similarly situated employee, Prashant Natu, continued to receive Skilled Labour benefits
Source reference: para. 2, 3Issues
1. Whether the Municipal Corporation can unilaterally withdraw a previously granted "Skilled Labour" status and consequential pay fixation without affording the employee an opportunity of hearing
Source reference: para. 62. Whether the State Government Policy dated October 7, 2016, expressly prohibits the re-categorization of an employee from semi-skilled to skilled by a competent authority
Source reference: para. 8, 93. Whether the impugned order was discriminatory and arbitrary in light of the treatment of similarly situated employees
Source reference: para. 7, 14Law Applied
Principles of Natural Justice, specifically the right to a hearing before the withdrawal of a vested service benefit
Source reference: para. 2, 7State Government Policy dated 07.10.2016, which governs the classification and pay scales of daily-rated employees (Sthaikarmi)
Source reference: para. 6The doctrine established in Mohinder Singh Gill v. Chief Election Commissioner (1978) 1 SCC 405, which stipulates that the validity of a statutory order must be judged solely by the reasons mentioned therein and cannot be supplemented by fresh reasons in subsequent affidavits
Source reference: para. 13Reasoning
The court found that the petitioner’s status as a Skilled Labourer was result of a conscious administrative decision by the competent authority after evaluating his qualifications
Source reference: para. 10, 11The respondents' argument—that the 2016 Policy lacked a provision for changing categories—was rejected; the court noted that the absence of a provision for "automatic" upgradation does not equate to an express "prohibition" against the competent authority reconsidering a classification
Source reference: para. 9Since the initial order was not a clerical error but a deliberate decision, it could not be rescinded without proving fraud, misrepresentation, or a violation of express policy terms
Source reference: para. 13The court observed that the respondents failed to provide a show-cause notice, thereby violating natural justice
Source reference: para. 7The court noted that the respondents failed to explain why the same benefit was continued for another employee, Prashant Natu, rendering the action against the petitioner discriminatory
Source reference: para. 7, 14Holding
The court answered the issues in favour of the petitioner, holding that the unilateral withdrawal of status without a hearing was illegal and discriminatory
The court quashed the impugned order dated December 7, 2020. The respondents were directed to treat the petitioner as a Skilled Labourer effective May 10, 2018, and grant all consequential benefits and arrears within three months. Failure to comply would entitle the petitioner to interest at the rate of 6% per annum on the arrears.
Source reference: para. 15(i), (ii), (iii), (iv)Original Court PDF
Anurodh Singh YadavvsThe State Of Madhya Pradesh
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