Allahabad High Court
Triveni Prasad Singh And 39 Others vs State Of U.P. And 4 Others on 24 September, 2019
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 13664 of 2019 Petitioner :- Triveni Prasad Singh And 39 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jamil Ahamad Azmi,Anoop Trivedi (Senior Adv.) Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 12.9.2019:-
"The petitioners who are 40 in numbers are working as Gram Panchayat Adhikari and Assistant Development Officer (Panchayat) respectively in the office of District Panchayat Raj Officer, Azamgarh.
It is submitted by learned counsel for the petitioners that by order dated 20th July, 2019, the salary of the petitioners has been stopped.
Learned Standing Counsel prays for is accorded 10 days' time to seek instructions in the matter.
Put-up as fresh on 23rd September, 2019 before the appropriate Court."
Learned Standing Counsel has obtained instructions, according to which in respect of two retired employees, an audit objection was raised, in view of which payment of salary has been stopped to the petitioners. Subsequently, orders have already been passed on 7.8.209, modifying the order determining petitioners salary fixed earlier.
Sri Anoop Trivedi, learned Senior Counsel appearing for the petitioners states that at no stage, petitioners have been issued any notice nor any objection has been invited from them. It is also submitted that merely raising of audit objection would not be a conclusive proof that earlier determination of salary of the petitioners contains error. It is submitted that in case petitioners were given opportunity, they could have demonstrated that their salary was correctly fixed and the authorities are, therefore, not justified in unilaterally reducing the determination for salary of the petitioners.
Instructions have been received by the learned Standing Counsel from the District Panchayat Raj Officer, Azamgarh dated 20.9.2019. A perusal of this instruction would go to show that certain orders have been passed in light of the audit objection. It is, however, apparent that at no stage, any notice or opportunity was given to the petitioners. Once the salary was being paid to petitioners for the last several years, their salary could not have been reduced unilaterally, merely on the basis of an audit objection raised against some of the employees.
This writ petition, therefore, stands disposed of with a direction upon the respondents to ensure release of uninterrupted salary to the petitioners in accordance with the determination of salary made earlier and petitioners' salary would not be reduced on the basis of audit objection only. It would, however, be open for the respondents to afford an opportunity of hearing to the petitioners and after taking note of their version pass requisite reasoned order, in accordance with law.
Order Date :- 24.9.2019 n.u.