Partly allowed

Ratnesh Kumar Sagar v. State of U.P. and 3 Others

Allahabad HC4 Dec 2018WRIA/22322/2018

Case brief

AI extract

What is this about?

The High Court quashed an order rejecting the petitioner's salary claim without a hearing. The court directed the District Basic Education Officer to revisit the matter, provide a hearing to the petitioner and the Committee of Management, and pass a fresh order within four weeks, ensuring compliance with natural justice.

What did the court decide?

The order dated 24.07.2018 is quashed. The petitioner is directed to appear before the District Basic Education Officer by 17.12.2018. The officer must afford a hearing to the Committee of Management

Ratnesh Kumar Sagar Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2018)

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Court No. - 4 Case :- WRIT - A No. - 22322 of 2018 Petitioner :- Ratnesh Kumar Sagar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kushmondeya Shahi Counsel for Respondent :- C.S.C.,Syed Nadeem Ahmad

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Hon'ble Ajit Kumar,J.

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Heard learned counsels for the parties.

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Instructions filed today by learned counsel for the respondent no. 3 is taken on record.

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The sole ground for challenge to the impugned order is that the petitioner was not afforded opportunity of hearing and his representation for payment of salary has been refused though the petitioner's appointment remains approved till date and order of approval has not been recalled.

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Learned counsel for the respondent was directed to have instruction in the matter and the instruction that he has received does not dispute factual position that there was no notice for the hearing of the matter in respect of the representation of the petitioner and therefore, petitioner was not there to defend his claim before District Basic Education Officer, the District Basic Education Officer has proceeded accordingly ex-parte in the matter and rejected the claim of the petitioner.

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In view of the above, a short time on the point of opportunity of hearing and non compliance of principles of natural justice even on the face of fact that the appointment of the petitioner stands approved even today, let the matter be revisited by the District Basic Education Officer. The order dated 24.07.2018 is quashed. The petitioner is directed to appear before the District Basic Education Officer on 17.12.2018 along with all relevant materials and documents he is in possession with the pleadings that he wants to raise before him. The District Basic Education Officer shall also afford the reasonable opportunity of hearing to the Committee of Management of the Institution and then shall proceed to pass an order within a further period of four weeks.

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Writ petition according disposed of with the aforesaid observations and directions.

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Order Date :- 4.12.2018 IrfanUddin

Ratnesh Kumar Sagar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ratnesh Kumar Sagar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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