MANMOHAN SINGH RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner has filed the Writ Petition with the following prayers:

(2.) Counsel for the petitioner submits that the petitioner was initially appointed on a Class-IV post in Public Inter College, Sauli Kaudiya, Pauri Garhwal on 18/9/2002 under Dying in Harness Rules; that the said institute was provincialised on 17/6/2009 and vide order dtd. 25/11/2009, the petitioner and other employees were appointed on Class-IV post. Counsel for the petitioner further submits that as per the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 2004 as amended in 2008, the petitioner appeared in the examination held for promotion from Class-IV to Class-III and after due selection he was appointed on 3/7/2015 to the post of Junior Assistant in the Pay Scale of Rs.5200.0020200, Grade Pay 2000 and the petitioner submitted his joining on 4/7/2015 and continued on the Class III post, however on the complaint of the members of the Uttarakhand Class IV Employees Union, the petitioner has been reverted back to the post of class-IV vide impugned order dtd. 17/10/2015.

(3.) Counsel for the petitioner submits that the petitioner was appointed on the Class-IV Post under Dying in Harness Rules and the said appointment is a permanent appointment and he was selected on a Class-III post after due selection process. He submits that there is no provision in the Rules of 2004 as amended in the year 2008 for having any requisite service of 5 years on the Class-IV post, however, the impugned order was passed only on the pressure mounted by the employees Union and the impugned order is also bad in law as no opportunity of hearing was provided to the petitioner and, as such, said order being in-violation of Principle of Natural Justice is liable to be quashed.