LAWS(ALL)-2008-6-31

R K VERMA Vs. AYAZ HUSSAIN

Decided On June 19, 2008
R K VERMA Appellant
V/S
AYAZ HUSSAIN Respondents

JUDGEMENT

(1.) V. K. Gupta, C. J. By this common judgment, all the four appeals are being disposed of to gether.

(2.) IT was on 20th April, 2002 that re spondents Nos. 1 to 5 in Special Appeal No. 53 of 2006, who were holding the sub stantive posts of Senior Clerks / Junior Clerks in the Transport Department were entrusted with the additional responsibili ties of the posts of Assistant Regional In spectors (Technical ). The appointment or der No. 243 2002 dated 20th April, 2002 clearly stated that until permanent arrangements were made, these five persons, in their own pay scale and status, would be discharging the additional responsibilities of the posts of Assistant Regional Inspectors (Technical ). The concluding part of this order clearly stated that for discharge of these addi tional responsibilities, these persons will not be paid any extra salary or allowances. IT was also stated that this arrangement was totally temporary.

(3.) THE main ground upon which the learned Single Judge rested his judgment was that the impugned order dated 4th March, 2003 could not have legally been passed without affording Opportunity of hearing to the writ petitioners. We do not agree with this view of the learned Single Judge for the following reasons: