RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant is aggrieved by the order of learned Single Judge, setting aside reversion order for non-compliance of the principles of natural justice and giving liberty to the respondents to proceed afresh in the matter, without the appellant being taken back on the promoted post, till the matter is decided afresh and also making it clear that the appellant will be entitled to claim benefit accruing from the final order to be passed.

(2.) The appellant was appointed as J.B.T. Teacher in the year 2000 and was promoted as Hindi Teacher on the basis of seniority-cum-merit in the year 2007. On 30.5.2008 order of reversion was passed without giving any opportunity. The said order was challenged by filing writ petition. The State defended the order on the ground that appointment of appellant to the post of J.B.T. Teacher itself was under challenge and in such circumstances, the appellant could not have been promoted.

(3.) Learned Single Judge upheld the plea of the appellant that it was necessary to follow the principles of natural justice and accordingly set aside the order of reversion. However, by referring to the judgment of Hon'ble Supreme Court in Managing Director ECIL, Hyderabad and others v. B. Karunakar and others, 1993 4 SCC 727, the State was given liberty to proceed afresh in accordance with law, without taking the appellant back on promoted post but made it clear that the appellant would be entitled to benefit of the order which may finally be passed.