Santosh Kumar Pandey vs U.P. State Road Transport ...
2023 Latest Caselaw 6445 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 1882 of 2023
 

 
Petitioner :- Santosh Kumar Pandey
 
Respondent :- U.P. State Road Transport Corporation Head Quarter Thru. Managing Director And 2 Others
 
Counsel for Petitioner :- Riyaz Ahmad
 
Counsel for Respondent :- Anuj Kudesia
 

 
Hon'ble Pankaj Bhatia,J.

Heard.

The petitioner herein is a contractual employee of the contesting opposite parties. His services have been terminated, albeit, without any opportunity of hearing to him.

Learned counsel for the petitioner relies upon a judgment of a Coordinate Bench of this court in similar matter wherein a similar order of disengagement has been quashed on 24.12.2021 vide the judgment rendered in Writ Petition No. 16116 (SS) of 2021 on the ground of violation of principles of Natural Justice.

There are directions of the Managing Director - Corporation that even in matter of disengagement of contractual employees an opportunity of hearing be given.

On being confronted, Sri Ratnesh Chandra, Advocate could not deny the fact that the matter was similar to the one referred hereinabove which had been decided on 24.12.2021.

However, considering the fact that the petitioner has approached this court with delay, this petition is disposed off with the observation/direction that if the petitioner's contract still subsists and no other person has been engaged in his place, then the order dated 30.12.2022 shall be treated as inoperative and a nullity and the services of the petitioner shall be restored on the same terms on which he was working earlier, subject to liberty to the opposite parties to proceed against him in accordance with law, after giving opportunity of hearing and to pass a fresh order in this regard.

With these observations/directions the writ petition is disposed off.

Order Date :- 28.2.2023

VNP/-