Disposed¶12

Charan Singh Verma v. State of U.P. and 3 Others

Allahabad HC7 May 2025WRIA/3700/2025

Case brief

AI extract

What is this about?

Recall of promotion order without opportunity of hearing; natural justice violation; Assistant Clerk; Class III employee promotion; District Inspector of Schools (DIOS) Shahjahanpur; hearing to petitioner and Management on remand; set aside and decision afresh within one month of certified copy; month-to-month salary continuance sought; Uttar Pradesh education department service dispute; writ petition disposed; Allahabad High Court 2025; Vikram D. Chauhan.

What did the court decide?

The impugned order dated 11.03.2025 of the District Inspector of Schools, Shahjahanpur is set aside; the matter is remanded to respondent no.3 for decision afresh after giving an opportunity of hearing to the petitioner as well as the Management, the exercise to be completed within one month from production of the certified copy of the order. ¶12

Charan Singh Verma Vs State of U.P. and 3 Others — Education and Admissions | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶12

Issue for consideration

Whether the impugned order dated 11.03.2025 of the District Inspector of Schools, Shahjahanpur, which recalled the petitioner's promotion to the post of Class III employee without giving him any opportunity of hearing, should be quashed and the matter decided afresh. +1 more

¶9

Court's answer

The impugned order dated 11.3.2025 passed by respondent no.3-District Inspector of Schools, Shahjahanpur is set aside.

¶11

Ratio / Principle

The matter is remanded back to respondent no.3-District Inspector of Schools, Shahjahanpur for decision afresh after giving an opportunity of hearing to the petitioner as well as the Management.

¶11

Key takeaways

The remanded exercise of taking a fresh decision is to be completed within one month from the date of production of the certified copy of the court's order.ratio¶11

Detailed headnote1 paragraphs

Writ - A No. 3700 of 2025 (High Court of Judicature at Allahabad, Court No. 7, Hon'ble Vikram D. Chauhan, J.; order date 8.5.2025) - Charan Singh Verma v. State of U.P. & 3 Ors. The petitioner, serving as Assistant Clerk, sought quashing of the order dated 11.03.2025 of the District Inspector of Schools, Shahjahanpur (respondent no.3), whereby his promotion to the post of Class III employee was recalled without any opportunity of hearing being afforded to him, and sought protection of his continuance in post with month-to-month salary. Learned Standing Counsel conceded, on instructions, that the petitioner had not been heard and suggested remand. The court set aside the impugned order and remanded the matter to respondent no.3 for decision afresh after giving an opportunity of hearing to the petitioner as well as the Management, directing completion of the exercise within one month from production of the certified copy of the order; the writ petition was disposed of with these observations/directions. No statute or precedent was invoked.

¶1

Neutral Citation No. - 2025:AHC:74263

¶2

Court No. - 7

¶3

Case :- WRIT - A No. - 3700 of 2025 Petitioner :- Charan Singh Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nabeela Arjumand,Prabhakar Awasthi Counsel for Respondent :- C.S.C.

¶4

Hon'ble Vikram D. Chauhan,J.

¶5

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

¶6

The writ petition is filed with the following prayer:

¶7

"i. Issue a writ order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 11.03.2025 passed by the District Inspector of Schools, Shahjahanpur, respondent no.3 (Annexure No.1 to this writ petition).

¶8

ii. Issue a writ order or direction in the nature of Mandamus commanding the District Inspector of Schools not to disturb in any manner the continuance of the petitioner on the post of Assistant Clerk and also pay him salary month to month as such, as and when same falls due in accordance with law. "

¶9

It is submitted by learned counsel for petitioner that order of promotion of petitioner to the post of Class III employee has been recalled by the impugned order without giving any opportunity of hearing to the petitioner.

¶10

Learned Standing Counsel, on instructions, submits that the order has been passed after calling report from the Management, however, petitioner was not heard. He further submits that the matter may be remanded back to the District Inspector of Schools for decision afresh.

¶11

Considering the submission of learned counsel for the parties, the impugned order dated 11.3.2025 passed by respondent no.3-District Inspector of Schools, Shahjahanpur is set aside and the matter is remanded back to respondent no.3District Inspector of Schools, Shahjahanpur for decision afresh after giving an opportunity of hearing to the petitioner as well as Management. The aforesaid exercise would be completed within one month from the date of production of certified copy of this order.

¶12

With the aforesaid observation/direction, the writ petition is disposed of.

¶13

Order Date :- 8.5.2025 D. Tamang

¶14

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Charan Singh Verma v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Charan Singh Verma v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases