Writ petition filed by a floor boy challenging an order seeking recovery of arrears previously paid. Court allowed the petition, setting aside the impugned order passed without prior notice or enquiry, due to absence of counter affidavit.
Impugned order dated 12.06.1999 set aside; Writ Petition allowed.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TEN
PRESENT
THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION No. 12209 OF 1999
Between:
M.Lakshmi Narayana
..... PETITIONER
AND
The Vazir Sultan Tobacco Company Worker’s Provident and Mutual Aid Co-operative Society Limited rep. by its Co-operative SubRegistrar/Special Officer, Hyderabad and another
.....RESPONDENTS
Counsel for the Petitioner:
Counsel for the Respondents:
The Court made the following :
THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION No. 12209 OF 1999
O R D E R :
The petitioner herein was appointed as Floor Boy on 11.10.1988 by the 1st respondent-Society. By subsequent proceedings dated 31.03.1999, the services of the petitioner were regularised and he was placed on regular time scale with effect from 01.07.1993. Pursuant thereto Rs.76,016/- towards the arrears to which he was entitled to was also paid to him. However, the impugned order came to be passed on 12.06.1999 seeking to recover the said amount of Rs.76,016/purportedly on a clarification given by the Deputy Registrar, City Circle. The said order dated 12.06.1999 has been challenged in this writ petition primarily on the ground that the impugned action of the respondents for recovery of the amounts already paid to the petitioner without issuing any prior notice and without conducting any enquiry is arbitrary, illegal and in violation of the principles of natural justice.
Though appearance has been entered on behalf of the 1st respondent, no counter affidavit has been filed contradicting the specific plea taken by the petitioner that the impugned order dated 12.06.1999 was passed without any prior notice. It is also pertinent to note that the impugned order was stayed by this Court during the pendency of this writ petition on 24.06.1999.
In the facts and circumstances and in the absence of any counter affidavit contradicting the petitioner’s plea in the writ petition, the impugned order is hereby set aside and the Writ Petition is allowed.
However, this shall not preclude the respondents to pass a fresh order, if they so desire following due process of law. No costs.
_____________ Date: 17.03.2010 G. ROHINI, J.
Ivd
2 issues framed by the court
Whether recovery of arrears already paid without prior notice and enquiry is arbitrary and violates principles of natural justice.
Whether writ petition challenging the impugned order for recovery must be allowed in absence of counter affidavit.
M. Lakshmi Narayana
The Vazir Sultan Tobacco Company Worker's Provident and Mutual Aid Co-operative Society Limited rep. by its Co-operative SubRegistrar/Special Officer, Hyderabad
The Vazir Sultan Tobacco Company Worker's Provident and Mutual Aid Co-operative Society Limited (and another)
G. Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
