Ramesh Kumar Verma vs State Of U.P Thru. Secy. Basic Edu. ...
2023 Latest Caselaw 12640 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 3043 of 2023
 

 
Petitioner :- Ramesh Kumar Verma
 
Respondent :- State Of U.P Thru. Secy. Basic Edu. Lko. And 5 Others
 
Counsel for Petitioner :- Lakshmana Singh
 
Counsel for Respondent :- C.S.C.,Rahul Shukla
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed challenging the order dated 28.02.2023 whereby the salary of the petitioner has been revised without giving any opportunity of hearing to the petitioner.

It is argued that the salary payable to the petitioner w.e.f. 01.12.2006 has been revised after about 17 years, that too without affording an opportunity of hearing. Reliance in this regard has been placed by the petitioner on a similar order passed by this Court in the case of Ram kewal Verma vs State of U.P. and others (Writ-A No.2427 of 2023) decided on 24.03.2023 wherein this Court had remanded the matter for passing fresh order, after giving an opportunity of hearing.

Following the said judgment and finding of that order, the order dated 28.02.2023 is ex-facie in violation of principles of natural justice, the same is quashed giving liberty to the respondents to pass a fresh order strictly in accordance with law, after giving an opportunity of hearing to the petitioner.

The fresh order shall be passed with all expedition preferably within a period of three months from today subject to the petitioner co-operating. While passing the order, the Committee of Management shall also be heard.

The writ petition is allowed in terms of the abovesaid.

Order Date :- 24.4.2023

akverma