Court No. - 58
Case :- WRIT - A No. - 20055 of 2018 Petitioner :- Sarvesh Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Compassionate appointment was granted to petitioner on 25.10.2017 on the post of Tube-well Operator-II in Matrix Level-I in the pay scale of Rs. 18000/-. This order has been modified on 12.7.2018 and petitioner's appointment has been held to be as Helper-II. The subsequent order, modifying petitioner's appointment is challenged on the ground that neither any notice and opportunity has been given to the petitioner in the matter nor he has been heard.
Submission is that once the appointment order is issued in favour of the petitioner and he has joined, the authorities could not have unilaterally altered the designation of petitioner's post, without specifying reasons and without affording an opportunity of hearing.
Learned Standing Counsel states that the initial appointment of the petitioner was issued inadvertently and that subsequent order has rightly been passed by the competent authority. It is, however, not disputed by the learned Standing Counsel that no opportunity of hearing has been afforded to the petitioner.
In view of the facts and circumstances of the case, it is found that the post on which petitioner has been appointed in the year 2017 on compassionate ground has been altered by the order impugned, without specifying any reason and without affording any opportunity of hearing to the petitioner. The order impugned, therefore, is found to be in violation of principles of natural justice and, therefore, cannot be sustained.
Writ Petition, therefore, succeeds and is allowed. Order dated 12.7.2018 stands quashed. It shall, however, be open for the respondents to proceed afresh, in accordance with law.
Order Date :- 18.9.2018 n.u.