Court No. - 33
Case :- WRIT - A No. - 11421 of 2020 Petitioner :- Shyam Kanahai Srivastava Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jamil Ahamad Azmi Counsel for Respondent :- C.S.C.,Pranjal Mehrotra,Sanjeev Kumar Pandey
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition, following orders were passed on 8.12.2020:-
"Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Sri Rohit Nandan Pandey holding brief of Sri S.K. Pandey, learned counsel for the respondents no.2 to 6.
The petitioner by means of present writ petition has assailed the order dated 16.01.2018 passed by the respondent no.3 by which the petitioner's pay has been re-fixed in lower pay scale.
Learned counsel for the petitioner submits that the order impugned has been passed without giving any notice or opportunity of hearing to the petitioner. In this regard, necessary averments have been made in paragraph 11 of the writ petition.
Learned counsel for the respondents is granted two weeks time to seek instructions in the matter.
Put up as fresh on 06.01.2021".
An affidavit of compliance has been filed by Sri Sanjeev Kumar Singh on behalf of respondent nos. 2 to 6. From the perusal of the affidavit, it does not transpire that any opportunity of hearing has been given to petitioner before passing the order impugned. It is, otherwise, admitted that petitioner's salary was fixed in the year 1990 and the salary paid for the last 30 years is now sought to be unilaterally reduced without giving an opportunity of hearing. The order impugned carries civil consequences and has been passed without affording an opportunity of hearing to petitioner, which violates the principles of natural justice.
Writ petition succeeds and is allowed. The order impugned dated 16.1.2018 (Annexure- 2 to the writ petition) stands quashed. Liberty, however, stands reserved to the respondents to proceed afresh, in accordance with law.
Order Date :- 6.1.2021 n.u.