THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.26833 OF 2012 DATED 6th DECEMBER, 2014 Between:
S.John Philip … Petitioner And The Government of Andhra Pradesh, Represented by its Principal Secretary, School Education Department, Secretariat, Hyderabad, and another.
… Respondents THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.26833 OF 2012 O R D E R The petitioner was granted Special Promotion Post Scale 1-B upon completion of 18 years of service in the cadre of Trained Graduate Teacher under proceedings dated 30.11.2006. By way of the impugned proceedings dated 15.03.2012, the Andhra Pradesh Residential Education Institutions Society (APREIS) sought to recover the alleged excess amounts paid to him by way of the promotion scale, on the ground that he did not possess the requisite qualification. However, the petitioner was admittedly not put on notice prior to the passing of the impugned proceedings dated 15.03.2012.
By interim order dated 29.08.2012, this Court granted stay of the impugned proceedings dated 15.03.2012 passed by the APREIS.
Though the respondent filed WVMP No.3542 of 2012 to vacate the interim order dated 29.082012, the counter filed in support thereof demonstrates that the petitioner was not given any notice or hearing before the impugned proceedings were passed.
When the said proceedings had adverse civil consequences and sought to revoke the benefit granted to the petitioner nearly six years prior thereto, it was incumbent upon the APREIS to adhere to the principles of natural justice. As there is a clear admitted violation of the same, the impugned proceedings dated 15.03.2012 cannot be sustained and are accordingly set aside.
The writ petition is allowed to the extent indicated above.
However, this order shall not preclude the respondents from taking action afresh against the petitioner in accordance with the due procedure and the principles of natural justice. Interim stay granted on 29.08.2012 shall stand vacated in the light of this final order. Pending Miscellaneous Petitions, if any, shall stand closed. No order as to costs.
6th DECEMBER, 2014
PGS
------------------------------------- SANJAY KUMAR, J ( 67 ) THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.26833 OF 2012 DATED 6TH DECEMBER, 2014