Ajeet Kumar Verma and Another v. State of U.P. and 5 Others

Court No. - 34 Case :- WRIT - A No. - 18009 of 2023 Petitioner :- Ajeet Kumar Verma And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dinesh Rai Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.

¶1This Court on 27.10.2023 passed by the following order:- "Learned Standing Counsel shall obtain instructions in the matter as to whether order impugned of re-fixation of pay has been passed without giving any opportunity of hearing to the petitioner. List this mater on 17th November, 2023 amongst top 10 cases"

¶2A request has been made by learned Standing Counsel seeking four weeks' time to submit proper instructions in the matter.

¶3The only issue that has been raised is that the pay fixation of the petitioner was done on his own request made on 04.09.2023 by which he has requested to remove the anomaly in pay fixation.

¶4In my considered view, the request to correct the anomaly does not mean that fixation already done in the matter should be reversed without giving opportunity of hearing to the petitioner. From the instructions, it is very much clear that no opportunity of hearing was accorded to the petitioner before passing the order of pay fixation. Accordingly, the impugned orders dated

05.08.2023 and 09.08.2023 are hereby quashed.

¶5The petitioners are permitted to file objection within a period of four weeks and thereafter, the respondents shall proceed to pass order for pay fixation after affording opportunity of hearing to the petitioners within next two months' time.

¶6Needless to say that the order should be reasoned and speaking one.

¶7With the above observation, the writ petition stands allowed. Order Date :- 17.11.2023 Shiraz High Court of Judicature at Allahabad