Heard Sri Badrul Hasan, learned counsel for the petitioner.
Notice for opposite party No.1 has been accepted by the office of the learned Chief Standing Counsel, whereas notices for opposite party Nos.2 to 4 have been accepted by Sri Ratnesh Chandra, learned counsel.
By means of this writ petition, the petitioner has assailed the order dated 27.03.2018, passed by the Vice-Chairman, Lucknow Development Authority, Lucknow, by which, the petitioner has been reverted from Class-III post to his substantive Class-IV post.
The submission of learned counsel for the petitioner is that pursuant to the recommendation of the Committee, which is contained as Annexure No.6 to the writ petition, the petitioner was promoted and vide order dated 08.02.2017 passed by the Secretary, Lucknow Development Authority, which is contained as Annexure No.7 to the writ petition, the petitioner was treated to be promoted on class-III post. It has also been submitted that while passing the impugned order dated 27.03.2018, the petitioner has not been afforded any opportunity of hearing and those facts have been considered, which should have been considered earlier, therefore, the order dated 27.03.2018 has not been inconformity with the principles of natural justice.
Per contra, learned counsel for the Lucknow Development Authority, Sri Ratnesh Chandra, has submitted that the petitioner has approached this Court challenging the order of reversion while he should have approached the U.P. State Public Services Tribunal by filing the claim petition as there is remedy available to him.
Let the counter affidavit be filed by the opposite parties within a period of two weeks.
List /put up on 16.05.2018 as fresh. On that date, the application for interim relief may be considered.
Order Date :- 30.4.2018 Suresh/ [Rajesh Singh Chauhan,J.]