High CourtsSingle Bench(2021) 06 CHH CK 0026

Navin Chandra vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 9 June 2021

HON’BLE JUDGES
Sanjay K. Agrawal, J
RESULT
Allowed
CASE NUMBER
Writ Petition Service Matter No. 512 Of 2010

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Judgment

16 paragraphs · 305 words
1.

The services of the two petitioners herein were regularized by respondent No. 3 vide order dated 13/10/2008 (Annexure PÂ8) on the post of 'Data

Entry Operator', but all of a sudden, by impugned order dated 07/01/2010 (Annexure PÂ1) the order of regularization has been revoked/annulled

against which this writ petition has been preferred by the petitioners.

2.

Mr. Awadh Tripathi, learned counsel appearing for the petitioners, would submit that services of the petitioners have been regularized on the post of

'Data Entry Operator' by respondent No. 3 vide order dated 13/10/2008, but it has been revoked/annulled by the order impugned dated 07/01/2010

without affording minimum opportunity of hearing to them which is in violation of principles of natural justice, therefore, the impugned order deserves

to be set aside.

3.

Mr. Sunil Otwani, learned Additional  Advocate General, would submit that petitioners' regularization order was passed contrary to

the statutory rules applicable therein, therefore, it has rightly been revoked by the impugned order.

4.

I have heard learned counsel for the parties, considered their rival submissions made hereinÂ​ above and perused the record carefully.

5.

It is not in dispute that petitioners' services were regularized on the post of 'Data Entry Operator' on 13/10/2008 and it is also not in dispute that the

order of regularization has been revoked/annulled by impugned order dated 07/01/2010 without giving an opportunity of hearing to them which is

absolutely in violation of principles of natural justice. Once the order of regularization was passed, it could not have been revoked/annulled without

affording an opportunity of hearing to the petitioners. As such, the impugned order dated 07/01/2010 (Annexure PÂ1) is hereby set aside. However,

respondents are at liberty to proceed in accordance with law.

6.

With the aforesaid observation, this writ petition is allowed to the extent indicated hereinÂ​above. No cost(s).