WPSS/1036/2019
2021 Latest Caselaw 5248 UK

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                                     WPSS No.1036 of 2019
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Shubhang Dobhal, Advocate, holding brief of Mr. Pratul Kumar, Advocate, for the petitioner.

Mr. N.S. Pundir, Deputy Advocate General, for the State of Uttarakhand.

Though, this matter is listed on the urgency application, which has been preferred by the petitioner, but with the consensus of the parties, and the respective Counsels, the matter is being heard finally.

The short grievance as raised by the petitioner in the present writ petition, is that by a conscious decision taken by the Chief Education Officer, Almora, on 06.04.2018, the petitioner was granted the selection grade by an Order No.12, dated 06.04.2018. The petitioner's grievance is that by virtue of the impugned exparte order dated 04.04.2019, the selection grade, which was initially granted by the Chief Education Officer, Almora, has been cancelled on the ground, that it was wrongfully granted to the petitioner in contravention to the prevalent Rules, which governed the conditions for the grant of selection grade.

However, the impugned order dated 04.04.2019, if is taken into consideration in fact it doesn't reflect that before withdrawing an order of grant of the selection grade to the petitioner, the Chief Education Officer, had ever provided an opportunity of hearing to the petitioner, which was required to be provided to him because the effect of the impugned order would be, that it would be deprivation to the petitioner of the financial benefits, which has already been granted to the petitioner by virtue of the conscious decision of the Chief Education Officer, Almora, as granted to the petitioner on 06.04.2018.

In that view of the matter, and without expressing any opinion on the merits of the matter with regards to the claim of the date from which the petitioner's right would mature to be granted with the selection grade. All these aspects are directed to be reconsidered by the Chief Education Officer, Almora, afresh, and he shall pass an appropriate order, only after providing an opportunity of hearing to the petitioner.

Subject to the aforesaid observations, the writ petition is allowed. The impugned order is quashed. The respondents are directed to take a decision afresh for the grant of selection grade to the petitioner within a period of six weeks' from the date of the production of a certified copy of this judgment.

(Sharad Kumar Sharma, J.) 21.12.2021

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