Extracted from the PDF above. The PDF is authoritative.
1 (WPS No. 1541 of 2016)
2025:CGHC:2778
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1541 of 2016 1 - Jagrup Yadav S/o Late Shri Dharmu Yadav, Aged About 44 Years Peon At Govt. Adarsh Higher Secondary School, Baikunthpur, Block And Police Station Baikunthpur, District Koriya Chhattisgarh
--- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary School Education Department, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh 2 - Director, Public Instruction Chhattisgarh Government, Raipur, District : Raipur, Chhattisgarh 3 - District Education Officer, District : Koriya (Baikunthpur), Chhattisgarh 4 - Assistant Commissioner, Tribal Welfare, District : Koriya (Baikunthpur), Chhattisgarh 5 - Block Education Officer, Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh
--- Respondent(s) (Cause-title taken from the Case Information System) For Petitioner :- Ms. Devanshi Chakraborty, Advocate on behalf of Mr. H.A.P.S. Bhatia, Advocate For State :- Mr. Sharad Mishra, Panel Lawyer SB - Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 16.01.2025
1. This writ petition is directed against order dated 28.03.2016 (Annexure P/4) passed by the District Education Officer, Koriya/respondent No.3, whereby the regularization order of the petitioner dated 08.03.2016 (Annexure P/3) has been revoked. ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART
2 (WPS No. 1541 of 2016)
2. Learned counsel for the petitioner submits that the regularization order of the petitioner dated 08.03.2016 has been revoked vide the impugned order without affording any opportunity of hearing to the petitioner, which is unsustainable, bad in law and in violation of principles of natural justice.
3. On the other hand, learned counsel for the State would support the impugned order.
4. Admittedly, the petitioner’s services on the post of Peon were regularized vide order dated 08.03.2016 (Annexure P/3), but the said regularization order has been revoked vide impugned order dated 28.03.2016 (Annexure P/4), without affording any opportunity of hearing to the petitioner. As the impugned order dated 28.03.2016, whereby the regularization order of the petitioner has been revoked, would have drastic civil consequences upon the status of the petitioner, therefore, the same is hereby set aside. However, respondent No.3 is at liberty to pass a fresh order after affording due opportunity of hearing to the petitioner in accordance with law.
5. Accordingly, this writ petition is allowed to the extent indicated herein above. No cost(s).
Sd/- (Sanjay K. Agrawal)
Judge @d!t!