Court No. - 33
Case :- WRIT - A No. - 5378 of 2017 Petitioner :- Ashok Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 19.6.2016 which records that the petitioner was appointed on fixed pay and, therefore, he is not entitled to benefit of regularisation as per the existing government policy. The aforesaid order is challenged on the ground that though petitioner was initially appointed in the year 1997 on fixed pay but his services were regularised on 14.2.2000 and all benefits admissible to a regular employee were granted with regard to increment in pay etc. It is submitted that these facts have completely been omitted from consideration and without affording an opportunity of hearing, order impugned has been passed. Specific averment is made in para-12 of the writ petition that before passing the order impugned, no opportunity of hearing has been granted.
The averments made in para-12 of the writ petition that the denial of opportunity has not been specifically controverted. It does not appear that the order passed by the appointing authority regularising the services of petitioner has been examined. In the event an opportunity of hearing was given all such facts could have been placed before the authority concerned.
In view of the above discussions, this Court finds that the order impugned cancelling petitioner's regularisation and grant of increment in pay etc. can not be sustained as the same is in utter violation of the principle of natural justice.
On this short ground alone, writ petition succeeds and is allowed. Oder impugned dated 19.9.2016 passed by respondent no. 2 (Annexure -4 to the writ petition) stands quashed. It shall, however, be open for the respondent to examine the nature of petitioner's appointment and after affording an opportunity of hearing to him, proceed to pass a fresh order.
Order Date :- 19.8.2021 n.u.