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Allahabad High Court

POSI RAM SHARMAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

An order revising a government servant’s salary that is passed without affording the servant an opportunity of hearing is violative of natural justice and must be set aside.

Summary

The petitioner, a Deputy Superintendent of Police, superannuated on 30 June 2025, challenged a salary revision order dated 25 June 2025 that was back‑dated to 26 October 2024. The petitioner argued that the order was passed without any notice or opportunity of hearing, violating principles of natural justice. The Court, after hearing both sides, found that the order indeed lacked a hearing and therefore could not stand. Consequently, the Court quashed the impugned order and directed the respondent to issue a fresh order after providing a proper hearing. The writ petition was allowed, and the fresh order is to be made in accordance with law.

Issues considered

  • Whether a salary revision order passed without affording the petitioner an opportunity of hearing violates the principles of natural justice.
  • Whether such an order can be set aside and a fresh order be directed.

Subjects

  • natural justice
  • service law
  • salary revision
  • opportunity of hearing
  • quash
  • writ petition

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                   WRIT - A No. - 7300 of 2026

Posi Ram Sharma
                                                 .....Petitioner(s)
                             Versus

State of U.P. and Another
                                                 .....Respondent(s)

Counsel for Petitioner(s)         :   Kailash Prakash Pandey
Counsel for Respondent(s)         :   C.S.C.

Court No. - 6
                HON'BLE PRAKASH PADIA, J.

1. The petitioner while working on the post of Dy.
Superintendent of Police superannuated on 30.06.2025
and just before his superannuation an order dated
25.06.2025 was passed by the respondent no.2 by which
salary of the petitioner was revised w.e.f. 26.10.2024,
which is under challenge in the present writ petition.

2. It is argued by counsel for the petitioner that aforesaid
order has been passed without providing any opportunity or
notice to the petitioner. He placed reliance upon in the case
of Sunil Kumar Dubey Vs. State of U.P. and 2 others,
Neutral Citation 2026:AHC:104436

3. Heard learned counsel for the parties and perused the
records.

4. With the consent of learned counsel for the parties
present writ petition is being disposed of at the admission
stage itself.

5. Since the order impugned has been passed without
providing any opportunity of hearing to the petitioner,
the order impugned dated 25.06.2025 passed by the
respondent no.2-Additional Deputy Commissioner of Police
(Protocol), Commissionerate Agra is liable to be set aside
                                                                                     WRIA No. 7300 of 2026
                                                                  2


                                        and the same is hereby quashed.

                                        6. The writ petition is allowed. The respondent no.2 is
                                        directed to pass a fresh order strictly in accordance with
                                        law after providing an opportunity of hearing to the
                                        petitioner. The order impugned will be subject to final
                                        outcome of fresh order.

                                        May 14, 2026
                                        Pramod Tripathi

                                                                                (Prakash Padia,J.)




Digitally signed by :-
PRAKASH PADIA
High Court of Judicature at Allahabad


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