Neutral Citation No. - 2025:AHC-LKO:5029 Court No. - 6 Case :- WRIT - A No. - 1041 of 2025 Petitioner :- Dr. Renu Mahendra Respondent :- State Of U.P. Thru. Prin. Secy. Ayush Deptt. Lko. And 4 Others Counsel for Petitioner :- Ashwani Kumar Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Kapil Dev, Senior Advocate assisted by Sri Ashwani Kumar for the petitioner and the Standing counsel for the respondents. 2. It has been submitted on behalf of the petitioner that the petitioner was duly appointed as Demonstrator and subsequently after due selection from U.P. Public Services Commission she was appointed as Lecturer in National Homeopathic College on 7.11.2000. She was further promoted to the post of Reader and subsequently to the post of Professor which order was passed after superannuation of the petitioner by the competent authority. The petitioner superannuated on 30.5.2016 and after her superannuation she was given notional promotion to the post of Professor in pay scale of Rs.15600- 39100 with annual grade pay of 7600.00 vide order dated 18.12.2017. It is after 7 years from the date when she was granted notional promotion and after eight years from her superannuation when the impugned order has been passed withdrawing the benefit of the petitioner. 3. From perusal of the impugned order, it is clear that no reason for passing the said order is forthcoming nor could it be shown that any opportunity of hearing or show cause notice was given to the petitioner prior to passing of the same. Learned counsel for the petitioner submits that such an order of recovery from the salary of a retired person is arbitrary and the same having been passed without giving any opportunity, is illegal, arbitrary and deserves to be set aside. 4. It has further been submitted that all the benefits which were made available to the petitioner on the post of Professor were granted to the petitioner after due approval from the State Government and the present impugned order has been passed by Principal of National Homeopathic Collect and accordingly submits that the order is without jurisdiction. 5. Learned Standing counsel, on the other hand, has opposed the writ petition but could not dispute the aforesaid facts nor could he inform this Court about the reasons, if any, which are mentioned in the impugned order for withdrawal of the benefit of the notional promotion on the post of Professor. 6. Apart from the above, this Court has perused the writ petition and also heard the rival contentions of the parties. 7. From perusal of the impugned order, it is clear that no opportunity of hearing was given to the petitioner nor even show cause notice has been issued and it is noticed that the benefit of higher salary on the post when granted becomes a right/property of the petitioner and duly protected under Article 300 A of the Constitution of India and cannot be withdrawn in an arbitrary manner without affording any opportunity of hearing. Considering that the order dated 14.11.2024 has been passed without giving opportunity of hearing, the same is set aside. All consequences shall follow. 8. The matter is remitted back to opposite party No.5 i.e. Principal /competent authority who is directed to pass fresh order after giving opportunity of hearing to the petitioner. 9. The writ petition stands allowed. (Alok Mathur, J.) Order Date :- 27.1.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench