HIGH COURT OF UTTARAKHAND
LAXMI KANT AWASTHI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPSS 219 / 2023
Office Notes, reports, orders or proceedings S N L o . .
Date or directions COURT’S OR JUDGE’S ORDERS and Registrar’s order with Signatures WPSS 219/ 2023 Hon’ble Manoj Kumar Tiwari, J.
Ms. Soniya Chawla, Advocate, for the petitioner.
Mr. R.C. Joshi, Brief Holder, for the State.
Mr. Sandeep Kothari, Advocate, for the GMVN.
(2) Petitioner is an employee of Garhwal Mandal Vikas Nigam Ltd. He was given Grade Pay of ₹5400 as 2 nd ACP, vide order dated 30.3.2017. The said order was, however, modified on 29.9.2018 and petitioner’s Grade Pay was downgraded to ₹4800. Petitioner contends that not only his Grade Pay has been downgraded but the amount allegedly paid in excess to him, pursuant to order dated 30.3.2017, is also being sought to be recovered from him.
(3) Learned Counsel for the petitioner contended that neither any notice nor any opportunity of hearing was afforded to petitioner prior to modifying the earlier order dated 30.3.2017. He further contended that subsequent order passed on 29.9.2018 entails civil consequences, inasmuch as petitioner has been divested of his right to get Grade Pay ₹5400. It is thus submitted that principles of natural justice was required to be followed and the action taken against the petitioner, having been taken in utter disregard thereof, is unsustainable.
(4) Mr. Sandeep Kothari, learned Counsel appearing for GMVN, could not give any satisfactory reply as to whether, before
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