Court No. - 58
Case :- WRIT - A No. - 15784 of 2018 Petitioner :- Birendra Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Singh,Awadh Behari Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners claim to be Seasonal Collection Amin, who are stated to be working since 1.1.1986 and 1.1.1990. Grievance is that though they have been working continuously, but without any rhyme or reason their salary for month of February and March, 2018 were withheld and they were not allowed to continue. Upon a representation made by the petitioners before the Divisional Commissioner, a direction was issued on 25.5.2018 for examining petitioners' claim. Consequential orders have been passed by the Tahsildar on 29.6.2018. Petitioners' grievance is that just after 10 days a fresh order has been passed by the District Magistrate, Deoria stating that petitioners' name is not mentioned in the seniority list and it is not possible to take work from them.
Learned counsel for the petitioners submits that action of respondents is absolutely arbitrary inasmuch as without affording any opportunity of hearing to the petitioners and without examining the records in correct perspective, the respondents appear to have passed impugned orders, which are otherwise in violation of principles of natural justice.
Learned Standing Counsel submits that authorities be directed to re-visit the issue.
In the facts and circumstances, this Court finds that once on the basis of direction issued by the Commissioner, consequential orders have been passed by the sub-ordinate authorities, there was no justification for the respondents to have passed impugned orders without affording opportunity of hearing to the petitioners.
Accordingly, the writ petition is allowed. The order dated 2.7.2018 is quashed. It shall be open for the authorities to examine the matter and pass appropriate order, after examining the original records and after affording opportunity of hearing to the petitioners, within a period of six weeks from the date of presentation of certified copy of this order.
Order Date :- 30.7.2018 Ashok Kr.