Judgment :- 1. The petitioner joined service as Higher Grade Teacher on 2.6.1971 in the school run by the Harijan Welfare Department. He was regularised in the service of secondary grade teacher on 2.10.1973. He was also posted as warden for some time. Later, he was promoted as primary school Headmaster in the year 1990. Prior to 1.6.1988 the scale of pay of the secondary grade teacher and the Headmaster of primary school was the same. Different scales of pay were prescribed to the secondary grade teacher and the Headmaster of primary school after 1.6.1988, pursuant to the recommendation of the 4th pay commission. In these circumstances, the service rendered by a secondary grade teacher prior to 1.6.1988 was also counted for the purpose of grant of selection grade and special grade in the post of Headmaster of a primary school, if a person is promoted as Headmaster after 1.6.1988 by way of G.O.Ms.No.1381 Education Department, dated 5.10.1988. The petitioner was granted special grade in the post of Headmaster on 31.5.1991 by applying the aforesaid G.Ms.No.1381. He retired from service on 30.6.2002. While so, the fourth respondent passed the impugned order dated 13.9.2002 withholding the commuted value of the pension on the ground that the petitioner was erroneously granted special grade in the post of Headmaster and therefore, the excess amount shall be adjusted towards the commuted value of the pension. The petitioner filed O.A.No. 2747 of 2003 against the order dated 13.9.2002 of the fourth respondent. On abolition of the tribunal, the Original Application got transferred to this court and renumbered as W.P.No.12472 of 2007. The respondents have not filed counter affidavit. 2. Heard both sides. 3. The learned Senior counsel appearing for the petitioner submits that the impugned order dated 13.9.2002 was passed in blatant violation of the principles of natural justice, since the petitioner was not heard. It is also submitted that since the secondary grade teachers and the Headmaster of a primary school had drawn the same scale of pay prior to 1.6.1988 and the Government directed to take into account the service rendered by a secondary grade teacher for the purpose of granting selection grade and special grade in the post of primary school Headmaster. In this regard, he has relied on G.O.Ms.No. 234 dated 10.9.2009. 4. In this regard, he has relied on G.O.Ms.No. 234 dated 10.9.2009. 4. On the other hand, the learned Special Government Pleader as well as the learned counsel for the fourth respondent have sought to sustain the impugned order based on oral instructions. 5. I have considered the submissions made by the learned counsel appearing on either side. 6. As rightly contended by the learned Senior Counsel appearing for the petitioner, the impugned order was passed without hearing the petitioner. Thus the impugned order was passed in blatant violation of the principles of natural justice. It is well settled thatno adverse order resulting in serious civil consequences could be passed without hearing the aggrieved person concerned. 7. Further more, as rightly contended by the learned Senior Counsel for the petitioner, the Government issued G.O.Ms.No. 1381 Education Department, dated 5.10.1988 for counting the service of a secondary grade teacher for the purpose of granting selection grade and special grade in the post of primary school Headmaster since both the post of secondary grade teacher and primary school Headmaster carried the same scale of pay prior to 1.6.1988. Based on the same, the petitioner was also granted special grade with effect from 31.5.1991 by order dated 20.1.2001 passed by the second respondent. The said order dated 20.1.2001 was never cancelled. So long as the order dated 20.1.2001 stands, the petitioner is entitled to special grade pay of Headmaster of a primary school. 8. After various litigations, the Government issued G.O.Ms. No. 234 dated 10.9.2009 on the same line of G.O.Ms.No. 1381 for counting the service of a secondary grade teacher rendered prior to 1.6.1988 for the purpose of granting selection grade and special grade in the post of Headmaster, if the secondary grade teacher is promoted as Headmaster after 1.6.1988. 9. For all the aforesaid reasons, I am of the view that the impugned order dated 13.9.2002 is liable to be quashed and accordingly the same is quashed. The fourth respondent is directed to authorise the commuted value of the pension payable to the petitioner within a period of eight weeks from the date of receipt of copy of this order. 10. The writ petition is allowed in the above terms. No costs.