Madhya Pradesh High Court

Piyush Usrethe 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-05852-2021

                      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 INFORMATION TECHNOLOGY DESIGAN AND
                      MANUFACTURING DEEMED)))))))))))))) 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:-
                      ((((((((((((((PIYUSH USRETHE 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 INFORMATION TECHNOLOGY DESIGAN AND
                      MANUFACTURING DEEMED)))))))))))))) 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
16:40:13 IST
                         2
Between:-
(((((((((((((PIYUSH USRETHE 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 INFORMATION TECHNOLOGY DESIGAN AND
MANUFACTURING DEEMED)))))))))))))) 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:-
((((((((((((PIYUSH USRETHE 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 INFORMATION TECHNOLOGY DESIGAN AND
MANUFACTURING DEEMED)))))))))))))) 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:-
(((((((((((PIYUSH USRETHE 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 INFORMATION TECHNOLOGY DESIGAN AND
MANUFACTURING DEEMED)))))))))))))) THRO. ITS
REGISTRAR DUMNA AIRPORT ROAD DUMNA
JABALPUR (MADHYA PRADESH)

                                                  .....RESPONDENTS
(BY SHRI AJAY PAL SINGH, ADVOCATE)

            WRIT PETITION No. 5708 of 2021

Between:-
((((((((((PIYUSH USRETHE 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 INFORMATION TECHNOLOGY DESIGAN AND
MANUFACTURING DEEMED)))))))))))))) 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:-
(((((((((PIYUSH USRETHE 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 INFORMATION TECHNOLOGY DESIGAN AND
MANUFACTURING DEEMED)))))))))))))) 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:-
((((((((PIYUSH USRETHE 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 INFORMATION TECHNOLOGY DESIGAN AND
MANUFACTURING DEEMED)))))))))))))) 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:-
(((((((PIYUSH USRETHE 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 INFORMATION TECHNOLOGY DESIGAN AND
MANUFACTURING           DEEMED)))))))))))))) 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:-
((((((PIYUSH USRETHE 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 INFORMATION TECHNOLOGY DESIGAN AND
MANUFACTURING DEEMED)))))))))))))) 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:-
(((((PIYUSH USRETHE 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 INFORMATION TECHNOLOGY DESIGAN AND
MANUFACTURING DEEMED)))))))))))))) 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:-
((((PIYUSH USRETHE  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 INFORMATION TECHNOLOGY DESIGAN AND
MANUFACTURING DEEMED)))))))))))))) 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:-
(((PIYUSH USRETHE 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 INFORMATION TECHNOLOGY DESIGAN AND
MANUFACTURING DEEMED)))))))))))))) 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:-
((PIYUSH USRETHE 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 INFORMATION TECHNOLOGY DESIGAN AND
MANUFACTURING DEEMED)))))))))))))) 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:-
(PIYUSH USRETHE 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 DESIGAN AND
MANUFACTURING            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 INFORMATION TECHNOLOGY DESIGAN AND
MANUFACTURING DEEMED)))))))))))))) 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 â€œ 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