Mirza Hameed Ali Baig @ Hameed vs State Of Andhra Pradesh on 26 March, 1998
Therefore, from the first
paragraph of the impugned order dated 09.03.2017,
itself clarifies that the promotion order dated
03.04.1992 issued in favour of the deceased employee
was prior to the information of the provisions of the
pre-services departmental examination and such
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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
deceased employee 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 09.03.2017 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 deceased employee. 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 referred settled legal proposition the
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respondent authorities have passed the impugned order
which deserves to be quashed and set aside.