The judgment establishes the principle that the withdrawal of accrued rights in employment disputes without providing an opportunity to be heard violates the principles of natural justice and may be deemed arbitrary and in violation of constitutional provisions.

JUDGMENT :

B.R. Sarangi, J.

1. The petitioner, who is working as Classical Teacher in Baunsuni Girls' High School, Baunsuni, a Non-Government Aided High School has filed this application to quash the order dated 07.02.2019 passed by the District Education Officer, Boudh under Annexure-5 so far as it relates to the petitioner. She further seeks for direction to the opposite parties to allow her to avail the benefit of remuneration of Rs. 9300/- with grade pay of Rs. 4200/-, which she has been getting since 10.11.2014 and further seeks for direction not to recover the excess financial benefits from her salary from the month of February, 2019, as per the impugned order dated 07.02.2019.

2. The factual matrix of the case, in hand, is that the petitioner was appointed as a Classical Teacher on 22.12.1996 by the Managing Committee of Baunsuni Girls' High School, Baunsuni in the district of. Boudh. Pursuant to such order of appointment, she joined the said post on 22.12.1996; and since then she has been discharging her duties. After the School in question was notified to receive block grant from the State Government, the appointment of the petitioner was duly approved by the competent authority, vide office order dated 30.07.2008, against the post of Classical Teacher and consequentially, she was allowed to avail the block grant. As the petitioner acquired "Acharya" qualification on 10.11.2014, the District Education Officer, Boudh, vide office order No. 3999 dated 16.11.2015, allowed her to draw remuneration in the trained graduate scale of pay of Rs. 9300/- with grade pay of Rs. 4200/- with effect from 10.11.2014 and subsequently, her pay was also revised with effect from 01.01.2018 in terms of the GIA (Grant-in-Aid) Order, 2017. But all on a sudden, the District Education Officer, Boudh, vide order dated 07.02.2019, withdrew the remuneration of pay of Rs. 9300/- + Grade Pay of Rs. 4200/- on the ground that the same had been allowed inadvertently to her, and directed for recovery of excess financial benefit already paid to her from the month of February, 2019. Hence this application.

3. Mr. K. Swain, learned counsel for the petitioner empathically contended that while passing the order impugned dated 07.02.2019 no opportunity of hearing was given to the petitioner. Thereby, with gross violation of principle of natural justice the benefit, which had been granted to the petitioner, has been withdrawn with a direction for recovery of amount already paid to her from the Month of February, 2019. It is further contended that no order affecting the employees financially should be made behind back of them. The employees suffering civil consequences are entitled to notice and a hearing as a part of fair play in the action. But, without applying such principle, the order impugned has been passed. Therefore, he seeks for interference of this Court. To substantiate his contention he has relied upon the judgment of the apex Court in State of Punjab v. The Senior Vocational Staff masters Association, 2017 (II) OLR (SC) 503.

4. Mr. B. Satpathy, learned Standing Counsel for School and Mass Education Department contended that the benefit has been extended to the petitioner pursuant to resolution dated 05.09.2011 in Annexure-6, wherein it has been contended that the Classical Teachers possessing "Acharya" or "Sahitya Acharya" or "M.A. in Sanskrit" or its equivalent degree from a recognized University is entitled to get the scale of pay at par with the Trained Graduate Teachers. But subsequently, another resolution has been passed by the Government of Odisha, Department of School & Mass Education, vide resolution No. 23399 dated 27.10.2014, followed by a clarification vide letter No. 19866/SME dated 29.09.2016 to the effect that the untrained Regular Sanskrit Teachers acquiring M.A. or "Acharya" qualification after 27.10.2014 shall not be entitled to the benefit at par with Trained Graduate Teaches as per Resolution No. 17542 dated 05.09.2011. Therefore,