- (1.) This petition has to succeed on the very short point, that is, that without affording any opportunity to the petitioner he has been reverted to Class IV category. He was entitled to be afforded with an opportunity so as to explain as to whether he was qualified for being promoted to the post of Class III category in the respondent's department. The petitioner appears to have been promoted from Class IV category to Class III category by an order dated 19-1-1989 which is reflected by Annexure 6 to the writ petition. It is contended that Annexure 6 is incomplete because Annexure 6 provides that the petitioner's services are temporary and can be terminated at any time without assigning any reason. Even if that condition was also there that would not make any difference, so far as the order of reversion is concerned because that order is passed on the ground that the petitioner was not qualified to hold the post of Class III employee. By the impugned order dated 28-4-1989 the petitioner is reverted back to Class III categories and the order of promotion dated 19-1-1989 is cancelled. There is no reason given in the said order of reversion. However, reason for reversion of the petitioner as ordered by the respondents is not far to seek. It is contended by the respondents that the petitioner had not passed High School Examination which is pre-requisite qualification for being eligible for the post of Class III category, therefore, his promotion was not in accordance with Rules and the same was cancelled because of this reason.
(2.) Learned counsel for the petitioner as also learned counsel for the respondents have produced some materials on the record indicating the qualification of the petitioner. According to learned counsel for the petitioner he has passed Visharad Examination which is equivalent to Intermediate Examination and, according to learned counsel High School Examination, therefore, he was not entitled to be promoted to the post of Class III category.
(3.) In this judgment I do not propose to decide as to whether the petition was qualified for being promoted on the basis of his academic qualification to Class III category or not. That question has to be determined by the respondents appropriately if they are no advised, after affording full opportunity to the petitioner to prove his qualification. As already stated, the writ petition is to succeed on the ground that opportunity was not given to the petitioner before passing the impugned order. The impugned order has cast a stigma on the petitioner inasmuch as the basis of his qualification he will not be able in future to seek promotion for the post of Class III category and this order has been passed without giving him any opportunity. Therefore, such a termination which could not be ordered unless the petitioner was heard and the same passed in accordance with law.;