Allahabad High Court
HEAD CONSTABLE SHAYAM AUTAR DIXITversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
An order revising a pensioner's salary retrospectively without notice or opportunity of hearing violates the principles of natural justice and must be set aside.
Summary
Head Constable Shayam Autar Dixit retired on 31 May 2025. An order dated 18 March 2025, issued by the Deputy Commissioner of Police, retrospectively revised his salary to 1 January 2006 without giving him any notice or opportunity to be heard. The petitioner contended that the order violated the principles of natural justice and relied on the Supreme Court’s decision in State of Punjab v. Rafiq Masih. The High Court found that the order was indeed passed in breach of audi alteram partem and therefore was liable to be set aside. Consequently, the order was quashed, the writ petition was allowed, and the respondents were directed to pass any fresh order only after affording a hearing. No costs were awarded.
Issues considered
- Whether the salary revision order passed without notice or hearing violates the principles of natural justice.
- Whether such an order can be quashed by the High Court.
Subjects
- natural justice
- salary revision
- service law
- writ petition
- quashing order
- procedural fairness
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7298 of 2026
Head Constable Shayam Autar Dixit
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Umar Khan
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel
for the respondent-State and perused the records.
2.The petitioner while working on the post of Head Constable
superannuated from service on 31.05.2025 just before retirement of
the petitioner an order dated 18.03.2025 was passed by the Deputy
Commissioner of Police, Head Office, Commissionerate, District
Kanpur Nagar/respondent no.3 by which salary of the petitioner was
revised 01.01.2006.
3. It is argued by counsel for the petitioner that before passing
aforesaid order by which salary of the petitioner has been revised, no
opportunity or notice has been given to the petitioner. It is further
argued that salary has been paid to the petitioner without taking any
undertaking and once it is found that no fraud or concealment has
been done at any point of time there was no occasion for respondent
no.3 to reduce the salary of the petitioner and that too retrospective
date. Learned counsel for the petitioner placed reliance upon
judgment of the Apex Court passed in the case of State of Punjab
Vs. Rafiq Masih reported in (2015) 4 SCC 334.
4. This fact is also clear from perusal of the impugned order that the
same has been passed without providing any notice or opportunity of
hearing. Since the order has been passed in complete violation of
natural justice hence same is liable to be set aside. Hence the order
WRIA No. 7298 of 2026
2
dated 18.03.2025 is hereby quashed.
5. The writ petition is allowed. No order as to costs.
6. However, respondents are free to pass fresh order, in accordance
with law, only after providing opportunity of hearing to the petitioner.
(Prakash Padia,J.)
May 14, 2026
Pramod Tripathi
Digitally signed by :-
PRAKASH PADIA
High Court of Judicature at Allahabad
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