Court No. - 38
Case :- WRIT - A No. - 14030 of 2019 Petitioner :- Arti Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shantanu Khare,Ashok Khare (Sr. Advocate) Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 17.9.2019:-
"Petitioner was initially appointed as a Junior Clerk in 1995. On the basis of recommendation made by the Departmental Promotion Committee, petitioner was found suitable for promotion to the post of Senior Clerk in the year 2000. It is alleged that all benefits were granted to her on the promoted post. It is after 19 years that this order of promotion has been modified by making it effective from 2006, on account of which petitioner's salary is alleged to have been drastically reduced. It is alleged that unilateral change of the date of promotion, without affording opportunity of hearing to the petitioner, is wholly arbitrary.
Learned Standing Counsel may obtain instructions. Post as fresh on 27.9.2019."
Learned Standing Counsel has obtained instructions. It is admitted from the instructions furnished that petitioner has not been heard before passing the order impugned. Argument advanced on behalf of petitioner that in case an opportunity of hearing was given to petitioner, then correct facts could have been highlighted and that it was otherwise impermissible to pass such an order after more than 19 years, is an aspect which also needs to be examined by the authorities concerned, at the first instance. In that view of the matter, the order impugned dated 27.6.2019 cannot be sustained and is accordingly quashed.
The authorities concerned shall be at liberty to proceed, in accordance with law.
Writ petition, accordingly, stands disposed of.
Order Date :- 27.9.2019 Anil