Violation of fundamental rights and principles of natural justice renders the impugned action void.

This writ petition has been filed by the petitioner seeking a writ of certiorarified mandamus calling for the records relating to the proceedings in Mu.Mu.No.79264 T3(4), dated 08.12.2004 of the first respondent and to quash the same and also to direct the respondents to continue to pay the petitioner in the scale of pay and allowances as he is now drawing, without any deduction.

2. According to the petitioner, he was appointed as School Assistant (B.T. Assistant) in the third respondent's school on 13.07.1989 and after serving as School Assistant for nearly eight years, he was appointed as Secondary Grade Assistant on 28.02.1997 and continued in the same post. He was awarded Secondary Grade Assistant teacher pay scale and apart from pay scale, he was also granted other increments and allowances. According to the petitioner, he underwent Child Psychology Training from 02.05.2003. By the proceedings of the first respondent dated 05.08.1997, the appointment of the petitioner as Secondary Grade Assistant was approved and by the proceedings dated 24.07.1998, the first respondent also directed the concerned authorities to grant regular increments and allowances. Pursuant to the said proceedings dated 24.07.1998, the petitioner was awarded periodical increments as entitled for the regular Government servant.

3. While things stood thus, by the proceedings dated 11.01.2005, the second respondent has communicated the impugned proceedings of the first respondent dated 08.12.2004, wherein it has been stated that in the light of G.O.Ms.No.155, dated 03.10.2002, the petitioner is entitled to be treated as regular Secondary Grade Assistant Teacher with effect from the date of completion of Child Psychology i.e., from 01.06.2003 onwards. Challenging the same, the petitioner has filed the writ petition.

4. I heard Mr. K. Thennan, learned counsel for the petitioner and Mrs. M.E. Rani Selvam, learned Additional Government Pleader appearing for the respondents 1 and 2 and also perused the materials available on record. No representation on behalf of the third respondent.

5. The learned counsel appearing for the petitioner submitted that reduction of pay passed against the petitioner by the first respondent is without giving any show cause notice or without affording any reasonable opportunity to the petitioner and thus, the impugned proceedings is liable to be set aside. He would submit that the decision arrived at by the first respondent to reduce the pay and increment based on the Child Psychology Training after many years of service is wholly capricious, arbitrary, whimsical and against the rule of law as enshrined in Article 14 and 16 of the Constitution of India.

6. Per contra, the learned Additional Government Pleader for the respondents submitted that the petitioner is not eligible for salary before he underwent the Child Psychology Training. Only under the ambit of G.O.Ms.No.155, dated 03.10.2002, the petitioner was went for that training and accordingly, he underwent. She would submit that the petitioner becomes fully qualified to hold the post only from the date of completion of training. Therefore, his pay was re-fixed from the date on which he had completed the training.

7. It is seen from the records that the petitioner had not been heard before passing the impugned proceedings and on this short ground, the writ petition is liable to be allowed.

8. The Hon'ble Supreme Court, in a decision in Sahib Ram vs. State of Haryana & and others, reported in 1995 Supp. (1) SCC 18, has held as under:

"5. Admittedly the appellant does not possess the required educational qualifications. Under the circumstances the appellant would not be entitled to the relaxation. The Principal erred in granting him the relaxation. Since the date of relaxation the appellant had been paid his salary on the revised scale. However, it is not on account of any misrepresentation made by the appellant that the benefit of the higher pay scale was given to him but b