VISHNU GOPAL AND 02 OTHERS v. STATE OF U.P. AND 02 OTHERS
WRIA/8078/2018 · 2025-07-23
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15319 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15319 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:121836 Court No. - 5 Case :- WRIT - A No. - 8078 of 2018 Petitioner :- Vishnu Gopal And 02 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Madan Kumar Tiwari,Prashant Ojha,Ramesh Narayan,Vijay Kumar Singh(Senior Adv.) Counsel for Respondent :- C.S.C.,Nagendra Nath Mishra Hon'ble Saurabh Shyam Shamshery,J. Heard Sri Nishikant Rai, Adovcate holding brief of Sri Prashant Ojha, learned counsel for petitioners, Sri Nagendra Nath Mishra,
learned counsel for respondent No.3 and Sri P.K. Shahi, learned A.C.S.C. for State. The petitioners before this Court had filed a writ petition bearing No.2315 of 2009, which was disposed of with an observation that their grievance be considered.
Learned counsel for petitioners submits that a representation filed thereon was considered and by order dated 20.05.2010 passed by Chief Secretary, they were granted higher pay grade and thereafter it was paid also. He further submits that aforesaid order was reviewed, without hearing petitioners and impugned order dated 15.02.2018 was passed, whereby the said order dated 20.05.2010 was cancelled.
Learned counsel for petitioners also refers relevant paragraphs of writ petition that impugned order was passed without giving any opportunity to petitioners for hearing to place their case.
Learned counsel for respondents refers paragraph No.4, 7 and 8 of counter affidavit that higher pay grade granted to petitioners earlier by order dated 30.05.2010 was contrary to law as well as it was burden on Nagar Nigam, therefore, it was rightly withdrawn, however, so far as submission on principle of natural justice is concerned, counsel for respondent has not able to show that it was followed. In the aforesaid circumstances, since impugned order was passed without hearing the petitioners and it has caused adverse effect, therefore, impugned order dated 15.02.2018 is set aside and
respondents are directed to pass a fresh order after hearing petitioners and for that all petitioners will appear before concerned respondents on 05.08.2025 to submit their reply and a reasoned
order will be passed within three weeks thereafter. Accordingly, writ petition is disposed of with aforesaid observations and directions.
Order Date :- 24.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad