ORDER (Ms. Bakhshish Kaur, (Retd.) Chairman) - The original application- Nos. 321/2004, 1444/2004, 1445/2004, 1446/2004,-1447/2004, 1448/2004, 1449/2004, 1450/2004, 1492/2004. 1528/2004, 1529/2004, 1530/2004, 1531/2004, 1532/2004, 1533/2004, 1547/2004, 1552/2004, 1561/2004, 1612/2004, 1613/2004, 1781/2004, 1782/2004, 1783/2004, 1784/2004, 1789)2004, 1796/2004, 1873/2004 and 2474 of 2004 involving a common, rather an identical question of law and facts will be disposed of by single order. 2. There is practically no controversy so far as the factual aspects are concerned and, therefore, need to be noted in brief to appreciate the issues involving in all these original applications. It is necessary to give some facts O.A. No. 321/2004 All the applicants were engaged as daily waged Chowkidars. Continuously they had been performing the duties of Chowkidar for the last more than 12-13 years where after their services were regularized. Annexure P-1 is the order regularizing the services of Sh. Kishan Singh son of Sh Govind Ram. To the utter surprise of the applicants they have been re-designated as Fieldmen without affording an opportunity of hearing and asking for their option. The composite order concerning all the applicants is Annexure P-2. The duties of Chowkidar are primarily of watch and ward and are posted where forest produce are stacked for safety whereas the nature of duties to be performed by the Field-man are entirely different as they have to carry out extraction and carriage of resin, loading/unloading of all types of forest produce in trucks, watch and ward work, construction work, splitting of fuel wood, cleanliness of Depots, bush cutting and fire fighting, day and night patrolling, raising nursery, plantation and digging pits etc. therefore, the order being illegal, arbitrary and against principles of natural justice is required to be quashed and set aside. O.A. Nos. 1444/2004, 1445/2004, 1446/2004, 1447/2004, 1448/2004, 1449/2004, 1450/2004, 1492/2004, 1528/2004, 1529/2004, 1530/2004, 1531/2004, 1532/2004, 1533/2004, 1547/2004, 1552/2004, 1561/2004, 1612/2004, 1613/2004, 1781/2004, 1782/2004, 1783/2004,. 1784/2004, 1785/2bO4, 1796/2004, 1873/2004 and 2474/2004 In all these original applications all the applicants were initially engaged as daily waged Chowkidars and on completion of more than 10 years of4heir services, their services were regularized in view of the law laid down by the Honble Apex Court in Moot Rai Upadhaya v. State of Himachal Pradesh, 1994 Supp.(2) Supreme Court Cases 316. The services of the applicant were confirmed as Chowkidars by the respondents vide separate orders passed and placed on record of these original applications. The services of the applicant were confirmed as Chowkidars by the respondents vide separate orders passed and placed on record of these original applications. All the applicant are aggrieved by the impugned orders whereby their designations have been changed from Chowkidar to Field-men which amounts to reversion and change in service condition. The impugned orders are illegal, arbitrary and against the principles of natural justice as the duties of Chowkidars are primarily of Watch and ward and totally different from nature of duties performed by the Field-men. 3. The consistent stand taken by the respondents in all these original applications is that in view of the length of the service of the applicants instead of terminating them from job the respondents have alternatively offered them the job of Field-men within the same pay scale in accordance with the decision of the service committee and Board of Directors. No prior notice is required to be issued before making change in their designation. It is pleaded inter alia that the respondents-Corporation had no work left for Chowkidars except of 147 posts, therefore, instead of terminating them, their designations have been changed as Field-men. 4. The applicants in their rejoinder, have controverted the plea set up in the reply and it is made clear that the corporation cannot frame any policy in contravention of law and change of designation of the confirmed regular employees. There is no rule in By Laws of Corporation to change designation of Chowkidars to Field-men. 5. We have heard S/Sh. A.K. Gupta and Shashi Shirshoo, learned Counsel for the applicants and Sh. Trilok Chauhan learned Counsel for the respondents-Corporation. 6. Before proceeding to set out rival contentions, it will be worthwhile to refer to office order Annexure A-2 dated August 8, 2002 in O.A. 1444/2004 which is to be effect that on trve recommendation of the Departmental Promotion Committee in its meeting held on May 31, 2002 the persons named therein have been brought on permanent establishment and confirmation with immediate effect, Sh. Chand applicant, has been described and designated as Chowkidar at Sr. No. 52. There are several others who were also designated as Chowkidars. This fact is not denied by the respondents that the applicants who were initially engaged as daily wage Chowkidars were brought on permanent establishment. Their services were regularized and they were accordingly confirmed. 7. Chand applicant, has been described and designated as Chowkidar at Sr. No. 52. There are several others who were also designated as Chowkidars. This fact is not denied by the respondents that the applicants who were initially engaged as daily wage Chowkidars were brought on permanent establishment. Their services were regularized and they were accordingly confirmed. 7. As per Annexure A-3 in O.A. No. 1444/2004 the matter regarding continuance of existing Chowkidars in the same pay scales without any change in their decision(?) was under consideration of the Board and the board had approved in its meeting held on September 29, 2003 i.e. that the decision of the service committee meeting held on September 3, 2002 be implemented. As per decision of the service committee, the Chowkidars in excess to 147 posts shall stand designated as Field-men. The contentious issue which survives for consideration is whether the designation of the applicants who were confirmed as Chowkidar after regularization of their services can be changed into Field-men ? 8. It is not in dispute that the duties performed by the Chowkidars and the Field-men are entirely different where a person who had been performing the duties of Chowkidar for a sufficient long time and suddenly he is not only designated as Field-man but he is asked to perform totally different type of work/duties is not, he is entitled to personal hearing before any order is passed affecting his rights. 9. We are of the view that the applicants are entitled to personal hearing. The respondents cannot justify their act by changing the designation of the applicants on the plea that the existing incumbents in the category of Chowkidar in excess to 147 posts required to be designated as Field-men and that instead of terminating their services they had considered it proper to change their designation. Passing of an order abruptly certainly amounts to violation of principles of natural justice. The Principles of natural justice belong more to the common consciousness of mankind than to judicial science. These are general principles of law common to civilized communities, as observed in Punjab Co-operative Bank Limited v. Union of India and another, (P&H)(F.B.) 2001(1) R.C.R. @ 154. It is also observed that simply but the rules of natural justice are not more than the principles of fair play. These are meant to promote justice. To ensure fairness of procedure. 10. It is also observed that simply but the rules of natural justice are not more than the principles of fair play. These are meant to promote justice. To ensure fairness of procedure. 10. In the doctrine of fairness and the duties to act fairly is a doctrine developed in administrative law field to ensure rule of law and to prevent miscarriage of justice. In this regard reliance is placed on Kumaon Mandal Vikas Nigam Ltd. v. Girja Pant and others, 2001(1) SCC 182. It is also observed as under :- In Baldwin case the doctrine was held to be incapable of exact definition but reasonable man would regard as a fair procedure in particular circumstances. A question arises as to who is a reasonable man. In India a reasonable man cannot but be a common man similarly placed." 11. The principles of natural justice have many facets. Two of them are notice of the case to be met and an opportunity to explain. In all these cases the applicants were neither served with any prior notice nor they were afforded an opportunity to explain as to why their designation be not changed from Chowkidars to Field-men instead of terminating their services they being in excess of 147 posts left for Chowkidars. It was for the applicants or the concerned employees either to accept the offer for change of designation or to face the consequences of termination of their services. 12. Above being the position, we are of the view that the impugned orders having been passed by the respondents in changing designation of the applicants from Chowkidars to Field-men whose nature of job is entirely different from others and no personal hearing was given to the applicants nor they were served with any prior notice. The impugned orders are, therefore, set aside. However, the respondents will be at liberty to pass necessary orders only after issuing required notices for obtaining their options whether they would like to be designated as Field-men instead of Chowkidars. 13. With these observations the original application Nos. 321/2004, 1444/2004, 1445/2004, 1446/2004, 1447/2004, 1448/2004, 1449/2004, 1450/2004, 1492/2004, 1528/2004, 1529/2004, 1530/2004, 1531/2004, 1532/2004, 1533/2004, 1547/2004, 1552/2004, 1561/2004, 1612/2004, 1613/2004, 1781/2004, 1782/2004, 1783/2004, 1784/2004, 1785/2004, 1796/2004*1873/2004, and 2474/2004, are disposed of accordingly. A copy of this order be placed on each files