WPSS/856/2025
2026 Latest Caselaw 2602 UK

Uttarakhand High Court

WPSS/856/2025 on 1 April, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                 2026:UHC:2301
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions              COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/856/2025
                               Hon'ble Manoj Kumar Tiwari, J
                               1.  Mr. Jitendra Chaudhary, learned
                               counsel for the petitioner.

                               2.  Dr. Kartikey Hari Gupta, learned
                               counsel for the respondent-University.

3. Ms. Anjali Bhargawa, learned counsel for respondent no. 5.

4. Petitioner was appointed as Patwari- cum-Amin in H.N.B. Garhwal University on 09.04.2000, and he retired from the same position on 31.05.2025. On 21.03.2025, an order was passed by Registrar of the University, whereby the earlier order dated 30.01.2018, whereby pay scale of the petitioner was upgraded in Pay Band of ₹5200-20200, Grade Pay ₹2800, was cancelled.

5. Learned counsel for the petitioner submits that the impugned order dated 21.03.2025 has resulted in substantial reduction in petitioner's Grade Pay, inasmuch as, now petitioner is being paid salary in Grade Pay of ₹2000.

6. It is contended that the order 21.03.2025 has civil and evil consequences for the petitioner, however, he was not given opportunity of hearing while passing the said order.

7. Dr. Kartikey Hari Gupta, learned counsel appearing for the University concedes that petitioner was not heard while passing impugned order. He, 2026:UHC:2301

however, sought to defend the said order by contending that it is an administrative order, therefore, principles of natural justice are not attracted.

8. The submission made by learned counsel for the University is bereft of merit. Law is well settled that any order, which entails civil consequences to a person, can be passed only after affording reasonable opportunity of hearing to him. Since this was not done in the present case, therefore, on this short point alone, the impugned order is liable to be set aside and is hereby set aside.

9. The writ petition is, accordingly, allowed. However, the Competent Authority in the University will be at liberty to pass fresh order, but only after affording reasonable opportunity of hearing to the petitioner. This Court hopes and expects that such order shall be passed within eight weeks from the date of presentation of certified copy of this order.

(Manoj Kumar Tiwari, J) 01.04.2026 Aswal NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

SINGH UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1 369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F461 0C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL

ASWAL Date: 2026.04.01 04:37:34 -07'00' 2026:UHC:2301