DINESH SINGH CHOUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in the present writ petition is to the impugned orders Annexure P/1 and P/2. The challenge primarily is to Annexure P/1 whereby the promotion and the pay scale of Upper Division Teacher (in short, UDT) granted to the petitioner has been withdrawn. The challenge also is to the consequential relief of order being passed by the respondents for recovering of the difference of payment made by the department till the impugned order Annexure P/1 dated 21.01.2011 has been passed.

(2.) This court while entertaining the writ petition, at the first instance, vide its order dated 25.02.2011 had stayed the effect of impugned order so far as recovery is concerned, which means, the order so far as reverting the petitioner back to the post of Lab Assistant was not stayed by the High Court.

(3.) The challenge to the impugned order is firstly on the ground that the same has been passed at the belated stage of more than 5 years. The further ground is that, the same has been issued without complying the basic principles of natural justice, inasmuch as, opportunity of hearing was not granted to the petitioner before the impugned order was passed. Further, in any case, the recovery initiated by the department is not sustainable as the amount paid to the petitioner on the promoted post was on account of the order passed by the State Govt. The petitioner is not responsible for the said erroneous payment, if any, paid to the petitioner.