JUDGMENT 1. 1. This is a writ petition by Ram Chand under Article 226 of the Constitution of India for the purpose of quashing the order passed by the Additional Director, NCC Directorate, Rajasthan, Jaipur on August 21. 1989 (Annex/5) reverting the petitioner from the post of UDC to the post of LDC and also the seniority list (Annexure;6) issued on the sane date, whereby the position of the petitioner was shown at Sr. No. 58. 2. The petitioner was appointed as LDC in SKN Agriculture College. Jobner and he joined his duties on January 2, 1965. It appears that he ought his transfer to NCC Department and he was absorbed in NCC Department on July 19, 1965 and he is working in that department since then. 3. It appears that on Dec. l3 ,1977, a provisional inter-laced seniority of LDCs was published by the NCC Directorate, Rajasthan and thereafter a final seniority list (Annexure 2) was issued on April 25, 1978 in which the name of the petitioner appeared at Sr. No 49. This seniority list was issued after examining the representations received. Thereafter again a final seniority list was issued on May 24, 1982 (Annexure/3), in which the petitioner's name was shown at Sr. No. 41. The petitioner was promoted to the post of UDC by order of the Directorate NCC, Rajasthan dated September 26, 1988 and he was posted in the Directorate. 4. On August 21, 1989, two impugned orders came to be passed. It was observed by the NCC Directorate that the service rendered by the petitioner on the post of LDC with effect from January 2, 1965. to July 30, 1965 at SKN Agriculture College, Jobner, should not have b.en considered while determining the seniority of the petitioner in the cadre of Lower Division Clerks. According to the Directorate, the petitioner had been appointed in SKN College, Jobner on purely temporary basis and was also not in Government service. It was, therefore, held that the petitioner was not senior enough to be promoted to the post of UDC. The petitioner was, therefore, reverted to the post of LDC and posted to I Rajasthan DN NCC. Jaipur. His seniority was also revised by Annexure/6 and he was shown at Sr. No. 58. 5.
It was, therefore, held that the petitioner was not senior enough to be promoted to the post of UDC. The petitioner was, therefore, reverted to the post of LDC and posted to I Rajasthan DN NCC. Jaipur. His seniority was also revised by Annexure/6 and he was shown at Sr. No. 58. 5. More than 8 years have elapsed since the Supreme Court had delivered its decision in Kraipak's case and 11 years have elapsed since the decision was given in Maneka Gandhi's case. It is now very well established that even administrative orders are to be regulated and controlled by rules of natural justice and fair play should be in action when it affects the rights of others. Petitioner's seniority and right to hold the post of UDC were unilaterally affected by the Additional Director, NCC Rajasthan, without giving to the petitioner an opportunity of being heard and of showing cause against his reversion and lowering down of his seniority. The rules of natural just ice were grossly violated. 6. I, therefore. allow this writ petition and quash the orders Annexure/5 and Annexure/6 issued by the Additional Director, NCC Directorate, Rajasthan, Jaipur on Augurst 21, 1989, in relation to the petitioner. The petitioner will get costs from the respondents..Petition allowed. *******