M. Katju, J. - (1.) This writ petition was filed against the reversion order dated 13-11-1990 reverting the petitioner from Naib-Tahsildar to the post of Collection Amia. This Court on 14-8-1991 issued & mandamus directing respondents not to give effect to the said order or to show cause. Thereafter the petitioners services has been terminated on 22-6-1991 and hence the petitioner filed an amendment application in which the termination order has been enclosed as Annexure-2 to the affidavit la support of the amendment application. In para 6 of the said affidavit has been alleged that no opportunity of hearing was given to the petitioner before passing the order dated 22-6-1991. On 27-1-1992 this Court granted a months time to standing counsel to file counter-affidavit in reply to the amendment application but no such counter-affidavit has been filed. Hence I am treating the allegations in the affidavit to be correct Since no opportunity of hearing was given to the petitioner the order dated 22-6-1992 is hereby quashed. The reversion order dated 53-11-1990 is in my opinion arbitrary and illegal. The petitioner died on 29-1-1992 and hence substitution application was filed by learned counsel for the petitioner on 2-4-1992 but the same is not on the record.
(2.) On the fasts and circumstances of the case direct that the salary of the petitioner upto the date of his death shall be paid to his widow Smt. Sharda Devi within six weeks of production of certified copy of this judgment before appropriate authority. She will also be given all the benefit of pension etc. within the same period.
(3.) Writ petition is allowed. No order as to costs. Petition allowed.;