SHIV KANT SHUKLA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS
WRIA/8192/2025 · 2025-07-28
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153821 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153821 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43238 Court No. - 18 Case :- WRIT - A No. - 8192 of 2025 Petitioner :- Shiv Kant Shukla Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for the petitioner and learned State Counsel of the opposite parties.
2. This writ petition has been filed challenging the order dated 29.4.2025 whereby re-fixation of petitioner's salary w.e.f. 1.1.2006 has been effected.
3. It is submitted that earlier as well such re-fixation along with recovery have been done with regard to the petitioner and was challenged in Writ-A No. 2850 of 2025, which was allowed by means of judgment and order dated 12th March, 2025 granting liberty to opposite parties to pass a fresh order after giving opportunity of hearing to the petitioner in accordance with law. It was also directed that the fresh order would be valid only for the purpose of payment of further salary to petitioner and not for purpose of making any recovery.
4. It is submitted that despite specific directions, impugned
order has been passed without affording any opportunity of hearing to the petitioner.
5. Learned State Counsel has provided instructions dated 25.7.2025, which is taken on record and as per which justification for passing of the impugned order has been indicated.
6. Upon consideration of the submissions advanced by
learned counsel for the parties and on perused of material on record, particularly the impugned order, it is evident that the same does not advert at all to any show cause notice or opportunity of hearing being provided to petitioner or even any
discussion of any representation or reply submitted by him. The
order ex-facie has been passed without affording opportunity of hearing to the petitioner despite directions issued by this Court. The passing of the impugned order prima facie, appears to be
contemptuous.
7. In view of aforesaid, the impugned order dated 29.7.2025 is, hereby, quashed by issuance of a writ in the nature of certiorari directing concerned authorities to pass fresh orders strictly in accordance with directions issued by this Court in Writ-A No. 2850 of 2025 vide order dated 12th March, 2025. The concerned authority is directed to adhere strictly to conditions indicated by this Court earlier and afford opportunity of hearing to the petitioner and pass fresh orders after discussing submissions advanced by him.
8. The other conditions indicated in the order dated 12th March, 2025 shall continue to govern the present dispute.
9. With the aforesaid directions, petition stands allowed at the admission stage itself. Parties to bear their own cost.
Order Date :- 28.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench