Yadunath vs State Of U.P. Thru. Its Prin. Secy. ...
2015 Latest Caselaw 4635 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- SERVICE SINGLE No. - 6736 of 2015
 

 
Petitioner :- Yadunath
 
Respondent :- State Of U.P. Thru. Its Prin. Secy. Irrigation Deptt. & Ors.
 
Counsel for Petitioner :- Rahul Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Notices have been accepted by learned Chief Standing Counsel.

The petitioner is aggrieved by the order dated 7.8.2015 whereby directions have been issued to cancel the benefit of Assured Carrier Progression (A.C.P.) given to employees by counting their services as work charge and the consequential order dated 28.10.2015, whereby the order for grant of A.C.P. has been cancelled and direction has also been issued for recovery.

Submission of learned Counsel for the petitioner is that the impugned orders have been passed without providing opportunity of hearing to the petitioner and, therefore, are not sustainable in the eyes of law.

Learned Standing Counsel while opposing the writ petition submitted that there is no provision for counting services rendered as work charge establishment and, therefore, petitioner and other similarly situated persons have been  wrongly given benefit of A.C.P. by counting the said services and, therefore, there is no illegality and infirmity in the order dated 7.8.2015. Learned Standing Counsel further fairly submits that from the perusal of the order dated 28.10.2015, it is not evident whether any opportunity has been given before passing the said order or not.

After appreciating the learned Counsel parties and going through the record, this Court prima facie comes to the conclusion that the order dated 28.10.2015 has been passed without providing opportunity of hearing to the petitioner.

Accordingly, the operation and implementation of the order dated 28.10.2015 is stayed only to the extent of making recovery of the amount paid as a result of grant of A.C.P. to the petitioner.

Let Counter Affidavit be filed within four weeks'. Rejoinder Affidavit, if any, may be filed within two weeks' thereafter.

List thereafter.

Order Date :- 26.11.2015

Arvind