Judgment :- 1. The petitioner was selected for appointment to the post of Junior Assistant, through Tamil Nadu Public Service Commission. The petitioner joined service on 5.4.73 in Treasuries and Accounts Department, Ramnad District Treasury Unit. The service of the petitioner was regularised on 5.4.73 and probation cleared on 16.6.75. The petitioner was promoted to the post of Accountant with effect from 1.7.80. 2. The petitioner applied for transfer to Chennai Unit on 6.7.81, as Accountant since her husband was employed in Reserve Bank of India, Chennai. For want of vacancy in the post of Accountant in Chennai Unit, the petitioner was reverted to the post of Junior Assistant while protecting her seniority in the category of Accountant in Ramnad District, Treasuries Unit . 3. The petitioner joined in Pay and Accounts Office (North), Chennai on 11.1.82 as Junior Assistant, and her pay was fixed in the Junior Assistant Scale as if she had continued on the said post since the date of original appointment. 4. The petitioner was awarded Special Temporary Accountant post i.e., Selection Grade, in Junior Assistant Category on 29.6.83 with effect from 20.5.83 by counting service from 5.4.73. 5. The petitioner was thereafter promoted to the post of Accountant in Chennai Unit, with effect from 31.12.87 and vide G.O.Ms.No.375, dated 22.10.1993, it was ordered that the service of the Accountant and Special Temporary Accountant be taken into consideration for awarding Selection Grade in the post of Accountant. 6. The petitioner requested the Commissioner of Treasuries and Accounts to grant her Selection Grade in the cadre of Accountant with effect from 20.5.93, i.e., on the date of completion of 10 years from the date of Special Temporary Accountant Post. 7. The request of the petitioner was accepted and Selection Grade on the post of accountant was awarded in terms of G.O.Ms.No.375 but subsequently, vide the impugned order, the Selection Grade was withdrawn and recovery was ordered, qua excess amount on account of grant of selection grade. 8. The learned counsel for the petitioner has challenged the impugned order, on the ground that before ordering recovery, no notice was issued to the petitioner or any opportunity afforded to justify the selection grade, in view of G.O.Ms.No.375 dated 22.10.1993. 9. 8. The learned counsel for the petitioner has challenged the impugned order, on the ground that before ordering recovery, no notice was issued to the petitioner or any opportunity afforded to justify the selection grade, in view of G.O.Ms.No.375 dated 22.10.1993. 9. The learned Additional Government Pleader on the other hand vehemently contended, that the petitioner was granted selection grade on the application made by her, therefore she was guilty of misrepresentation, therefore, was bound to refund the amount paid, to which, she was not entitled. 10. On consideration, I find that the writ petition deserves to succeed. Though it was open to the respondents to withdraw the benefit granted to the petitioner in case of misrepresentation or fraud by an employee, at the same time, it is not open to the respondents to pass an order affecting the civil right of an employee without following the principles of natural justice, by giving opportunity of hearing to the affected party. 11. The petitioner admittedly was not issued any show cause notice before passing impugned order. Therefore, the impugned order being in violation of principles of natural justice cannot be sustained in law, specially when the selection grade was awarded in view of conscious decision taken vide G.O.Ms.No.375 dated 22.10.1993 laying down that service rendered as Special Temporary Account was to be counted for grant of selection grade in view of the fact that petitioner was holding substantive post of accountant in the parent department and her seniority on transfer was kept intact. 12. Consequently, the writ petition is allowed and the impugned orders Proc.Rc.484/97/M3 dated 16.4.97, Letter No.33162/T&A.I/97-3 dated 16.10.97 and Letter No.10171/T&A.I/98-7 dated 23.3.2002 are set aside. No costs.