Mirza Hameed Ali Baig @ Hameed vs State Of Andhra Pradesh on 26 March, 1998
6. Regard being had to the above submission and
looking to the facts and circumstances of the case,
this Court finds substance in the submissions made by
the learned advocate for the petitioner that the
promotion order dated 01.04.1991 does not contain any
condition or stipulation of passing of departmental
examination. Moreover, in the impugned order dated
10.04.2017, it is clearly mentioned vide Government
Resolution dated 13.02.1991 provisions of pre-
services departmental examination has been applicable
to the office of the Land Records. Prior to it, there
were no such provisions. The office of the Land
Records has been informed about the said provisions
in the year 1993-1994. Therefore, from the first
paragraph of the impugned order dated 10.04.2017,
itself clarifies that the promotion order dated
01.04.1991 issued in favour of the petitioner was
prior to the information of the provisions of the
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pre-services departmental examination and such
provisions cannot be made applicable with
retrospective effect. As per the principle of natural
justice, the respondent authorities are duty bound to
give intimation or issue show cause notice to the
petitioner and to give reasonable opportunity of
personal hearing prior to issuance of impugned order.
In the present case, the respondent authorities
failed to do so. Therefore, the present petition
deserves to be allowed and impugned order dated
10.04.2017 is required to be quashed and set aside
on the ground of non-observance of principle of
natural justice and also on the ground of
unreasonable delay in passing the order of reversion
by giving retrospective effect of the Government
Resolution dated 13.02.1991 read with Government
Resolution dated 16.08.1990, though the provisions of
the said Government Resolution were not in existence
in the said department at the time of
appointment/promotion of the petitioner. The issue
involved in the present petition is also covered by
the decision of the Hon'ble Apex Court in the case of
M.A.Hameed Vs. State of Andhra Pradesh reported in
2001(9) SCC Page 261. However, ignoring above
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referred settled legal proposition the respondent
authorities have passed the impugned order which
deserves to be quashed and set aside.