PARMATAMA PRASAD YADAV; KRISHNA KUMAR TRIPATHI Vs. DISTRICT INFORMATION AND PUBLIC RELATION DEPARTMENT U P LUCKNOW

JUDGEMENT

(1.) ASHOK Bhushan, J. Both these writ petitions have been heard together and are being disposed of by this common judgment. Affidavits have been exchanged between the parties and with the consent of the parties the writ petitions are being finally disposed of.

(2.) BY both the writ petitions petitioners have challenged the order passed by the Director, Information and Public Relation Department, U. P. Lucknow dated 4-6-1997 cancelling the promotion of the petitioners made to the post of care-taker from the post of helper. Both the petitioners were appointed in the department as helper. Parmatama Prasad Yadav having been appointed on 6-2-1986 and Krishan Kumar Tripathi having been appointed on 12-8-1980. The District Magistrate vide order dated 13-2-1992 promoted to Parmatama Prasad Yadav on the post of Care-taker. Krishan Kumar Tripathi was promoted on 15-12-1993 on the post of Care-taker. Both the petitioners joined their promotional posts and were working on the promotional posts since then. The order dated 4-6-1997 was passed by the Director, cancelling the promotion observing that the appointments were made by the District Magistrate/commissioners which is irregular hence the petitioners are reverted to their original posts. The order dated 4-6-1997 has been challenged in the writ petitions. This Court passed an order dated 10-4-2006 asking the learned Standing Counsel to file counter-affidavit bringing on record the copy of notification dated 12-2-1951 and other relevant papers with regard to authority who can be said to be appointing authority of care-taker. BY supplementary counter-affidavit the learned Standing Counsel has brought on record the copy of the rules namely, Uttar Pradesh Suchana Evam Jansampark Vibhag Gair Takniki (Arajpatrit) Sewa Niyamawali, 1998. Learned Standing Counsel has also brought on record certain papers to show that the Director has been making appointments on the post of Care-taker.

(3.) THERE is no dispute that by order of the District Magistrate petitioners were promoted on the post of care-taker and after their promotion they had joined the promotional posts and were working on the promotional post on the dates when the order was passed cancelling their promotion in the year 1997. Both the petitioners have been working for more than three years on the promoted posts and had drawn salary of the promoted post. The petitioners have made specific allegation in the writ petition stating that the order cancelling their promotion and reverting them to their original post, was passed without affording opportunity and giving notice which allegations have not even denied in the counter- affidavit. The petitioners were promoted and having been working for more than three years on the promoted posts, the said promotion could not have been cancelled without giving any notice or opportunity. The apex Court in AIR 1990 SC 309, Sridhar v. Nagar Palika Jaunpur & Ors. , has laid down that the order of promotion cannot be cancelled without opportunity and notice. The submission of the learned Standing Counsel that nothing would have been turned in case opportunity would have been also needs consideration. From the letter brought on the record by the counter-affidavit of the Director dated 21-12-1996 it is clear that by the said letter the District Magistrates were directed not to make any appointment/promotion in future. The letter also noticed the facts that the District Magistrates in various District Information Office had been making appointment/promotion. In view of these facts it cannot be said that hearing would have been meaningless or without any purpose. Passing of the order in breach of principles of natural justice itself is a prejudice to a person who had been adversely effected by the action. The order impugned cancelling the promotion having been without any notice and opportunity to the petitioners the same are liable to be set aside on this ground alone. It is also relevant to note that on the strength of the interim order dated 9th July, 1997 passed by this Court staying the impugned order petitioners have been working on the posts of care-taker. Learned Counsel for the petitioners has also brought on record the copy of the seniority list of the care-takers in which the petitioners have been duly shown. Considering all these facts ends of justice will be served in setting aside the impugned orders.