Arvind Kumar Singh v. State of U.P. Thru. Prin. Secy. Secondary Education Lko. and 3 Others

Court No. - 7 Case :- WRIT - A No. - 7825 of 2023 Petitioner :- Arvind Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education Lko. And 3 Others Counsel for Petitioner :- Sharad Pathak Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.

¶1Heard learned counsel for the petitioner as well as Dr. Uday Veer Singh, learned Additional Chief Standing counsel for the State-respondents.

¶2At the very outset, learned Additional Chief Standing counsel states in pursuance of earlier order of this Court dated

10.10.2023 that initially the salary of the petitioner had been stopped yet the same has now been paid to the petitioner vide order dated 25.10.2023.

¶3The aforesaid statement is recorded.

¶4With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of.

¶5In the instant writ petition, under challenge are the orders dated 15.09.2023 & 25.09.2023, copies of which are annexure nos.1 & 2 to the petition. By the said orders, the date of grant of ACP to the petitioner has been changed.

¶6The contention of learned counsel for the petitioner is that initially vide orders dated 29.01.2015 and 22.05.2021, the petitioner had been granted the benefit of Ist ACP and IInd ACP w.e.f. 14.10.2003 & 14.10.2019 respectively.

¶7By means of the orders impugned, the date of grant of ACPs have been changed with consequential results which has thus resulted in reduction of the salary of the petitioner.

¶8The contention is that once the orders impugned are having civil consequences as such a prior opportunity of hearing should have been accorded to the petitioner while passing the orders impugned.

¶9A perusal of the orders impugned would indicate that they do not indicate anywhere that the petitioner had been granted an opportunity of hearing prior to passing of the said orders.

¶10Once, admittedly, by means of the orders impugned, the date of ACP as had been granted earlier to the petitioner has been changed which has consequentially resulted in reduction of salary of the petitioner as such, at least the principle of natural justice should have been followed which do not appear to have been followed while passing the orders impugned.

¶11Consequently the orders impugned dated 15.09.2023 &

25.09.2023, copies of which are annexure nos.1 & 2 to the petition, are quashed. Consequences to follow. However it is open to the respondents to pass fresh orders in accordance with law. Order Date :- 30.10.2023 S. Shivhare High Court of Judicature at Allahabad, Lucknow Bench