Madhya Pradesh High Court
Abhishek Bawane vs Pt. Dwarka Prasad Mishra Indian ... on 27 April, 2022
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 27th OF APRIL, 2022
WP-05755-2021
Between:-
ANIL KUMAR S/O LATE SHIV NANDAN
OCCUPATION: SERVICE B-108 PRIYADARSHINI
COLONY DUMNA AIRPORT ROAD P.O.
KHAMARIYA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) INDIAN THRO.
ITS REGISTRAR INSTITUTE OF INFORMATION
TECHNOLOGY DESING AND MANUFACTURIG (
DEEMED UNIVERSITY DECLARED AS PER THE
INDIAN INSTITUTES OF INFORMATION
TECHNOLOGY DUMNA AIRPORT ROAD
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
WRIT PETITION No. 5699 of 2021
Between:-
((((((((ABHISHEK BAWANE S/O ANWAR KHAN
OCCUPATION: SERVICE 2782, WARSI MANZIL
KATRA MASIJ ROAD ADHARTAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) THRO. ITS
REGISTRAR DUMNA AIRPORT ROAD DUMNA
DISTT. JABALPUR INDIAN INSTITUTE OF
INFORMATION TECHNOLOGY DESIGNING AND
MANUFACTURING (DEEMED UNIVERSITY OF
INFORMATION TECHNOLOGY DISTT. JABALPUR
M.P (MADHYA PRADESH)
Signature
SAN Not .....RESPONDENTS
Verified
(BY SHRI AJAY PAL SINGH, ADVOCATE)
Digitally signed by
TARUN KUMAR
SALUNKE WRIT PETITION No. 5700 of 2021
Date: 2022.04.28
16:40:12 IST
2
Between:-
(((((((ABHISHEK BAWANE S/O SHRI SURESH DUBEY
OCCUPATION: SERVICE 228 PHASE I MAA
NARMADA NAGAR BILHARI DIST. JABALPUR MP
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) INDIAN
INSTITUTE OF INFORMATION TECHNOLOGY
DESIGN AND MANUFACTURING THR. ITS
REGISTRAR DUMNA AIRPORT ROAD DUMNA
DIST. JABALPUR MP (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
WRIT PETITION No. 5704 of 2021
Between:-
((((((ABHISHEK BAWANE S/O S.R. AWASTHI
OCCUPATION: SERVICE M NO. 9 CHANDRALOK
PARISHAR MANEGAON RANJHI (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) THRO. ITS
REGISTRAR DUMNA AIRPORT ROAD DUMNA
DISTT. JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
WRIT PETITION No. 5706 of 2021
Between:-
(((((ABHISHEK BAWANE D/O SHRI RAMSWAROOP
KUSHWAHA OCCUPATION: SERVICE B-46
PRIYADARSHINI COLONY DUMNA AIRPORT
ROAD (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
3
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) THRO. ITS
REGISTRAR DUMNA AIRPORT ROAD DUMNA
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
WRIT PETITION No. 5708 of 2021
Between:-
((((ABHISHEK BAWANE S/O SHRI SANAT KUMAR
JAIN OCCUPATION: SERVICE PDPM IIITDM
JABALPUR DUMNA AIRPORT ROAD P.O.
KHAMARIA DIST. JABALPUR MP (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) INDIAN
INSTITUTE OF INFORMATION TECHNOLOGY
DESIGN AND MANUFACTURING THR. ITS
REGISTRAR DUMNA AIRPORT ROAD DUMNA
DIST. JABALPUR MP (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
WRIT PETITION No. 5711 of 2021
Between:-
(((ABHISHEK BAWANE S/O SHRI RIDDINATH JHA
OCCUPATION: SERVICE R/O HOUSE NO. 36,
CHANDRALOK PARISHAR MANEGAON RANJHI
DISTT. JABALPUR MP (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) INDIAN THR.
ITS REGISTRAR INDIAN INSTITUTE OF
INFORMATION TECHNOLOGY DESIGN AND
M A N U FA C T U R I N G (DEEMED UNIVERSITY
DECLARED AS PER THE INDIAN INSTITUTE OF
INFORMATION TECHNOLOGY ACT2014 (NO. 30 OF
2014) DUMMA AIRPORT TOAD DUMMA DISTT.
JABALPUR MP (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
4
WRIT PETITION No. 5712 of 2021
Between:-
((ABHISHEK BAWANE S/O SHRI RAJENDRA
PRASAD OCCUPATION: SERVICE FLAT NO. 111 B
BLOCK KATARIA THEME PARK TILHARI DIST.
JABALPUR MP (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) INDIAN
INSTITUTE OF INFORMATION TECHNOLOGY
DESIGN AND MANUFACTION THR. ITS
REGISTRAR DUMNA AIRPORT ROAD DUMNA
DIST. JABALPUR MP (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
WRIT PETITION No. 5717 of 2021
Between:-
(ABHISHEK BAWANE S/O LATE RAMAVTAR
GUPTA OCCUPATION: SERVICE R/O RADHIKA
KRISHNA SCHOOL GANGA MAIYA VFJ. ESTATE
DISTT. JABALPUR MP (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) THR.
REGISTRAR INDIAN INSTITUTE OF
INFORMATION TECHNOLOGY DESIGN AND
M A N U FA C T U R I N G (DEEMED UNIVERSITY
DECLARED AS PER THE INDIAN INSTITUTE OF
INFORMATION TECHNOLOGY ACT2014 (NO. 30 OF
2 0 1 4 ) DUMMA AIRPORT RAOD DUMNA DISTT.
JABALPUR MP. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
WRIT PETITION No. 5755 of 2021
Between:-
ABHISHEK BAWANE S/O LAXMICHAND M
BAWANE OCCUPATION: SERVICE R/O D-7, SAINIK
SOCIETY, SHAKTI NAGAR DISTT.JABALPUR M.P
(MADHYA PRADESH)
5
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) INDIAN
INSTITUTE OF IMFORMATION TECHNOLOGY
DESIGN AND MANUFACTURING (DEEMAD
UNIVERSITY DECLARED AS PER THE INDIAN
INSTITUTES OF INFORMATION TECHONOLOGY
ACT 2014 THR ITS REGISTAR. DUMNA AIRPORT
ROAD JABALPUR M.P DISTT. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
WRIT PETITION No. 5761 of 2021
Between:-
GHANSHYAM MESHRAM S/O LATE DEVICHARAN
MESHRAM , AGED ABOUT 40 YEARS,
OCCUPATION: SERVICE R/O H.NO. 1940
B.T.COMPOUND INDIRA GANDHI WARD GARHA
ROAD, DISTT.JABALPUR M.P (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) INDIAN
INSTITUTE OF INFAORMATION TECHONOLOUGY
DESIGN AND MANUFACTRING DEEMAD
UNIVERSITY DECLARED AS PER THE INDIAN
INSTITUTES OF INFORMATION TECHNOLOGY
ACT 2014 THR ITS REGISTAR DUMNA AIRPORT
ROAD DUMNA DIST. JABALPUR MP (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
WRIT PETITION No. 5770 of 2021
Between:-
ALOYSIUS BEENU MICHAEL S/O K.M. MICHAEL
OCCUPATION: SERVICE R/O PLOT NO. 328
CHAITANYA CITY TILHARI DISTT. JABALPUR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
6
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) INDIAN
INSTITUTE OF INFORMATION TECHNOLOGY
DESIGN AND MANUFACTURING DEEMED
UNIVERSITY DECLARED AS PER THE INDIAN
INSTITUTES OF INFORMATION TECHNOLOGY
ACT 2014 ( NO. 30 OF 201 THROUGH ITS
REGISTRAR DUMNA AIRPORT ROAD DUMNA
DISTT JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
WRIT PETITION No. 5777 of 2021
Between:-
PANKAJ PRAJAPATI S/O LATE BABU LAL
PRAJAPATI OCCUPATION: SERVICE R/O HOUSE
NO. 19 CHANDRA LOK PARISAR, MANE GAON
RANJHI DISTT. JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) INDIAN
INSTITUTE OF INFORMATION TECHNOLOGY
DESIGN AND MANUFACTURING DEEMED
UNIVERSITY DECLARED AS PER THE INDIAN
INSTITUTES OF INFORMATION TECHNOLOGY
ACT 2014 ( NO. 30 OF 2014 THR. ITS REGISTRAR
DUMNA AIRPORT ROAD DUMNA DISTT.
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
WRIT PETITION No. 5830 of 2021
Between:-
ALOK KULKARNI S/O LATE R.G. KULKARNI ,
AGED ABOUT 46 YEARS, OCCUPATION: SERVICE
130 SANJIVANI NAGAR GARHA (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) INDIAN
INSITUTUTE OF INFORMATION TECHNOLOGY
DESIGN AND MANUGACTURING THR. ITS
REGISTRAR DUMNA AIRPORT ROAD DUMNA
7
DISTT. JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
WRIT PETITION No. 5848 of 2021
Between:-
R OB IN S ON GEORGE MARKRAM S/O ERWIN
ASHOK MARKRAM OCCUPATION: SERVICE R/O
726, DISTT. JABALPUR MP (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF INFORMATION TECHNOLOGY DESIGN AND
M A N U FA C T U R I N G (DEEMED UNIVERSITY
DECLARED AS PER THE INDIAN INSTITUTE OF
INFORMATION TECHNOLOGY ACT2014 (NO. 30 OF
2014) THR. REGISTRAR INDIAN INSTITUTE OF
INFORMATION TECHNOLOGY DESIGN AND
M A N U FA C T U R I N G (DEEMED UNIVERSITY
DECLARED AS PER THE INDIAN INSTITUTE OF
INFORMATION TECHNOLOGY ACT2014 (NO. 30 OF
2 0 1 4 ) DUMMA AIRPORT ROAD DUMNA DISTT.
JABALPUR MP (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
WRIT PETITION No. 5852 of 2021
Between:-
PIYUSH USRETHE S/O LATE SHRINATH USRETHE ,
AGED ABOUT 38 YEARS, OCCUPATION: SERVICE
R/O 508, SATHIYA KUA, BEOHAR JI KA BADA
DISTT. JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KAPIL DUGGAL, ADVOCATE)
AND
PT. DWARKA PRASAD MISHRA INDIAN INSTITUTE
OF IMFORMATION TECHNOLOGY DESIGN AND
MANUFACTURING (DEEMAD)))))))) INDIAN
INSTITUTE OF INFORMATION TECHNOLOGY
DESIGAN AND MANUFACTURING DEEMED
UNIVERSITY DECLARED AS PER THE INDIAN
INSTITUTES OF INFORMATION TECHNOLOGY
ACT 2014 ( NO. 30 OF 201 THR. ITS REGISTRAR
DUMNA AIRPORT ROAD DUMNA DISTT.
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)
8
T h is petition coming on for hearing this day, the court passed the
following:
ORDER
This bunch of writ petitions are filed by the different petitioners claiming common relief
of quashing of notification dated 10/11/2020 and 29/01/2021.
Since these all petitions raises the common question, W.P No. 5700/2021 is taken as a
leading case and facts of this case so also decision will govern the outcome of other
petitions.
Learned counsel for the petitioner submits that petitioners are employee of Pandit Dwarka
Prasad Mishra Indian Institute of Information Technology Design & Manufacturing
(Deemed University declared as per The Indian Institutes of Information Technology Act,
2014). It is submitted that petitioner joined the university as a senior technician vide
appointment order dated 15/10/2006. Condition No.7 of the appointment order Annexure
P-1 provides “ No residential accommodation is available in the institute presently. The
institute will pay HRA according to the Institute rules. The rate of HRA at present are the
same as admissible to the Central Government employees stationed at Jabalpur.â€
It is submitted that since accommodation was available in the campus, petitioners took loan
from financial institutes and purchase their own house, instead of paying rent. It is
submitted that Ministry of Human Resource Development (Department of Higher
Education) (Technical Section-I) vide Notification New Delhi, 2 nd December, 2016 made
statutes of Pt. Dwarka Prasad Mishra- Indian Institute of Information Technology, Design
and Manufacturing, Jabalpur. Copy of this statute are enclosed as Annexure P-2.
Reading from Statute No.13, which deals with Residential accommodation of employees,
it is submitted that Statute No.13 reads as under:-
13. Residential accommodation of employees.-
(1) The employees of the Institute shall be eligible for allotment of a house within the
campus of the Institute, if available, in accordance with the rules made by the Board from
time to time.
(2) An employee of the Institute who has been allotted house for residential purpose, shall
be charged license fee at the rate as decided by the Board.
(3) The housing policy shall be decided by the Board.
(4) The house rent shall be paid to employee who does not to avail accommodation.
It is submitted that neither the Board of Director have framed any rules nor any housing
policy has been decided by the Board. Therefore, in terms of Statute No. 13(4) House Rent
is to be paid to the employees who does not avail accommodation.
Reading the relevant statute, it is submitted that there is no compulsion to accept the
accommodation offered by the Institute. The HRA is to be paid to employee who do not
avail accommodation but contrary to aforesaid statute and the terms and conditions
contained in letter of appointment, respondents issued notification Annexure P-6 dated
10 th November, 2020 making allotment of the residential quarters in the campus to the
Faculty/Teaching/Non- Teaching Staff of the Institute.
To this Notification Appendix-A has been attached in which names of the different
petitioners appears at different serial numbers, it is submitted that in pursuance to this
notification Annexure P-7 was issued which is communication dated 29 th January, 2021
notifying the decision that "some of the employees have given acceptance for the allotment
of the residential quarter while other employees have not yet given acceptance for quarter
allotment. In view of the above order, the House Rent Allowance (HRA) shall not payable
to all employees of the Institute".
It is submitted that background for this notification is communication abstract, Annexure
R-1 filed by the respondents along with their reply. Annexure R-1 reveals that there were
serious observation of Chief Vigilance Commissioner and Controller and Auditor General
regarding revenue loss due to non-allotment of vacant quarters. Board taking these
observations resolved to allot all the vacant quarters to the employees as an interim
measure on the basis of recommendation of allotment committee of the Institute. It is
submitted that dehors the statute allotment cannot be forced on the petitioners.
Shri Ajay Pal Singh, learned counsel for the respondents in his turn submits that in the back
drop of Annexure R-1 there were pressure on the parties to allot vacant quarters. He
submits that office memorandum dated 14/11/2007 (Annexure R-2) issued by the
Government of India, Ministry of Urban Development, Directorate of Estates provides that
government employees needs to furnish NAC (No Accommodation Certificate) issued by
the jurisdictional Estate Manager to enable them to draw the HRA.
It is submitted that since Pool Quarter are available with the institute no NAC can be issued
by the jurisdictional Estate Manager so to enable the employee to draw the HRA,
therefore impugned notification cannot be faulted with.
Shri Ajay Pal Singh, learned counsel for the respondent however fairly admits that no rules
have been framed by the Board of the respondent-Institute in terms of Statute 13 (1). He
also admits that no housing policy has been brought on record in terms of Statute 13(3).
Learned counsel for the petitioner submits that they have filed rejoinder and along with
rejoinder they have enclosed Office Memorandum issued by Government of India,
Ministry of Housing and Urban Affairs, Directorate of Estates dated 08/04/2019, which
superseded OM dated 14/11/2007. It is submitted that it is unfair for an institute like
respondent to rely on superseded OM.
It is submitted that OM dated 08/04/2019 (Annexure R-J/1) reads as under:-
OFFICE MEMORANDUM
Subject: Dispensation of conditions of applying for Government Accommodation and
furnishing of "No Accommodation Certificate" for admissibility of House Rent Allowance.
In pursuance of Ministry of Finance (Deptt. of Expenditure) OM no.2/5/2017-F.IIB, dated
05.03.2019 (copy enclosed) and in supersession of this Directorate's OM number
12034/1/2007-Pol.III dated 14.11.2007, it has been decided that the conditions of
applying for Government accommodation and furnishing of "No Accommodation
Certificate (NAC)' by Central Government employees, to become eligible for House Rent
Allowance, are dispensed with for all places in the country, in respect of General Pool
Residential Accommodation (GPRA) under the control by Directorate of Estates, Ministry
of Housing & Urban Affairs. Central Government employees will thus be eligible to draw
HRA, if they have not availed the facility of Government accommodation and for this they
will not have to produce NAC.
2. These order shall be effective from 05.03.2019."
Thus it is submitted that Government of India has clarified that employees will be eligible
to draw HRA if they have not availed facility of government accommodation and for this
they will not have to produce NAC. Thus, there is no need for production of NAC.
After hearing learned counsel for the parties and going through the pleadings, it is evident
that Statute 13 provides for Residential accommodation of employees. Statute 13(4)
clearly provides that HRA shall be paid to employees who does not avail accommodation.
There is no compulsion under the statute to avail accommodation offered.
OM dated 14/11/2007 (Annexure R/2) on which a lot of reliance is placed by the
respondents has been superceded vide OM dated 08/04/2019, therefore admittedly no rule
have been framed by the Board nor there is any housing policy available on record as
decided by the Board. Thus, the impugned notification/orders passed by the respondents
authorities being not in conformity with the Statute in this behalf and OM dated
08/04/2019 which according to the own admission of the respondents is applicable to
them. They have placed reliance on OM dated 14/11/2007, and also in the light of
judgment passed in case of Balco Captive Power Plant Mazdoor Sangh and another Vs.
National Thermal Power Corporation & others, (2007) 14 SCC 234, wherein it is held
that unilaterally changes status of employee by an intrumentality of State amounts to
violation of Article 14 and 16 as it impinges upon duties to act fairly with its employees
and demonstrates lack of reasonableness, fairness and equity.
In para 35 of the judgment, the Supreme Court has observed as under:-
35. The Government or its instrumentality cannot alter the conditions of service of its
employees and any such alteration causing prejudice cannot be effected without affording
opportunity of pre-decisional hearing and the same would amount to arbitrary and violative
of Article 14. As pointed out earlier, in the case on hand, the employees are neither party
to tripartite agreement nor they have been heard before changing their service condition.
Therefore, the action of the management is violative of Article 14 of the Constitution of
India. Similar view has been taken by this Court in H.L Trehan Vs. Union of India &
others, (1989) 1 SCC 764.
In para 11 of the judgment, this Court observed as under:
"11..... It is now a well established principle of law that there can be no deprivation or
curtailment of any existing right, advantage or benefit enjoyed by a Government servant
without complying with the rules of natural justice by giving the Government servant
concerned an opportunity of being heard. Any arbitrary or whimsical exercise of power
prejudicially affecting the existing conditions of service of a Government servant will
offend against the provision of Article 14 of the Constitution. Admittedly, the employees
of CORIL were not given an opportunity of hearing or representing their case before the
impugned circular was issued by the Board of Directors. The impugned circular cannot,
therefore, be sustained as it offends against the rules of natural justice."
Thus, in view of the law laid down by the Supreme Court in the case Balco Captive Power
Plant Mazdoor Sangh and another Vs. National Thermal Power Corporation & others
(supra) and also in view of the provisions contained in Statute 13 (4) so also OM dated
08/04/2019, impugned action of the respondents cannot be sustained and is hereby
quashed. Petitions are allowed.
Parties to bear their own costs.
Certified copy as per rules.
(VIVEK AGARWAL)
JUDGE
tarun
