Partly allowed

Vikas Kumar Asthana and 2 Others v. State of U.P. and 4 Others

Allahabad HC14 Jul 2021WRIA/1583/2021

Case brief

AI extract

What is this about?

The High Court quashed an impugned order denying notional promotion as it was passed without an opportunity of hearing, violating natural justice principles. The Court directed the respondent to pass fresh orders within four months after providing a hearing.

What did the court decide?

The order dated 01.09.2020 was set aside. Respondent 5 directed to pass fresh orders after an opportunity of hearing within four months.

Vikas Kumar Asthana and 2 Others Vs State of U.P… — Service and Employment | Allahabad HC (2021)

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Court No. - 6

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Case :- WRIT - A No. - 1583 of 2021

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Petitioner :- Vikas Kumar Asthana And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajeev Kumar Saini Counsel for Respondent :- C.S.C.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the petitioners and learned Standing Counsel for the Staterespondents.

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The present petition has been filed seeking the following relief:

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"Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 01.09.2020 passed by respondent no. 3/the Chief Forest Conservator, Administration (Gazetted) Uttar Pradesh, Lucknow"

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The contention of counsel for the petitioners, in short, is that the petitioners were entitled to the benefit of notional promotion, however, the same has been rejected by the order dated 01.9.2020 without even affording any opportunity of hearing. He further argues that persons similarly placed were accorded the benefit, however, the petitioners have been denied the said benefits although they are entitled to the same.

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A perusal of the order dated 01.9.2020 (Annexure 6) to the writ petition does not disclose any opportunity of hearing being granted to the petitioners prior to passing of the said order.Accordingly, I have no hesitation in holding that the order dated 1.9.2020 is violative of principles of natural justice.

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Accordingly, the order dated 01.9.2020, passed by the Chief Forest Conservator, Administration (Gazetted) Uttar Pradesh, Lucknow (respondent no. 3) is hereby set aside with further directions that the respondent no. 5 shall pass fresh orders after giving an opportunity of hearing to the petitioners. The fresh orders shall be passed as early as possible, preferably within a period of four months from the date of production of a copy of this order.

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The petition is disposed off in terms of the said direction.

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Copy of the order downloaded from the website of Allahabad High Court shall be accepted/treated as certified copy of the order.

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Order Date :- 14.7.2021

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Puspendra

Vikas Kumar Asthana and 2 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Vikas Kumar Asthana and 2 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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