C' F- ^ff'ao / IN THE HON'BLE HIGH COURT OF CHHATT1SGARH AT BILAPUR rc.G.) WRIT PETITION (Sl N0. &5'-^® /2007 PETITIONERS ../•<$y<' ,o^-''''.^s>:v .. <£?.^Vy'..-•••" ^y^^- ^'•^\^^ ^-^e f<^&^ .A\'Y ^^^f^ 1. Santlal Sahu S/o. Shri Hinchharam, aged about- 55 years, President, Tahsil level Chhattisgarh Shikshak Sangh, Chhuriya, Assistant Teacher, Government Middle School Gidarri, District- Rajnandgaon (C.G.). , 2. Suresh Kumar Kasar S/o. Vitthal Rao, aged about- 56 years, Assistant Teacher, Government Higher Secondary School Chichola, District- Rajnandgaon (C.G.).^ 3. Shivram Bharadwaj S/o. ^' Mehtaruram, aged about- 55 years, Assistant Teacher, Government Higher Secondary School Chichola, District- Rajnandgaon (C.G.). 4. Bhiyalal Meshram , S/o. not known, aged about - 58 years, Assistant Teacher, Government Primary School Ghortalab, District- Rajnandgaon (C.G.). 5. Bodhan Singh Rajput S/o. Bahal Singh, aged about - 58 n B looqog SIPP'IAI luaujujeAog 'jeL|oeei (ue)sissv 'sjeeA ^g -inoqe peBe 'nqeg luejqpeMV •o/S nL|es |e-l EUI^SUX 'oi, '('O'O) uoeEfpuEufey -putsiQ 'iqe/vuBdn |OOL|OS AjELUUd IU&LUUJ3A09 'j8L|oeai )UE}SISSV 'sjeaA 9S -inoqe pe6e ' uejeqsLUEy •o/s SBAuqg q(EULUoy -6 '('O'O) uoB6pueufey -touisiQ 'ese^iinseo looqog Ajeiuud tugujujaAOQ 'jeqoeei IUBISISSV 'sjeeA 99 -tnoqe p96e 'eujjeA |B|jepuns WS '°/S eujjeA LuejBMay -8 '('O'O) uoBBpueufey -putsiQ 'eqpueqLuv 100409 AjELUUd )U8Luuj9A03 'jaqoeej_ lueisissy 'sjesA gg }noqe p96e 'nqeg aiey Aep^ng WS 'o/S nqeg |e-| unpy 'Z '('O'O) uoe6puEufey -(OUISIQ 'eqiBS [ooqog ^epuoosg J9Lj6!|-| )U3LUUJeAOQ 'J943B91 tuefsissv 'sjeaA 65 -)noqe pe6e 'ue6ueM3a |E-| |ier uqg •o/g ue6uemsa EJGSV luey -9 '('Q'O) uoeBpueufey -IOUISIQ 'eunLiqo |ooL|og Ajepuooeg jaL)6ii-| tuaujujsAOQ 'jeqoeei luetsissy 'sjeaA ^t'iWW!/. ^—-^ 'lS'i •{;?A Bhaiyaram, aged about 62 years, . Teacher, Government Middle School Salhetola, District- Rajnandgaon (C.G.). 17. Mohandas Sonwani S/o. Tatudas Sonwani, aged about- 58 years, . Teacher, Government Primary School Bital, District- Rajnandgaon (C.G.). 18. Jahir Ahmad Khan S/o. Late ^ Phool Khan, aged about-56 years, . Teacher, Government Girls Primary School Chhuria, District- Rajnandgaon (C.G.). 19. Radheshyam Varma S/o. Shri Chhabiram Varma, aged about-61 years, . Teacher, Government Primary School Kalewa, District- Rajnandgaon (C.G.). Bankelal Shrivas S/o. Shri Latel Ram, aged about- 59 years, . Teacher, Government Higher Secondary School Ghumka, District- Rajnandgaon (C.G.). 21. Lakhan Lal Sahu S/o. Shri Chintaram Sahu, aged about - 61 years, . Teacher, Government Higher 20. y 17. 18. ^' ia. 20. 21 Bhaiyaram, aged about 62 years, . Teacher, Gbvernment Middle School Salhetola, District- Rajnandgaon (C.G.). Mohandas Sonwani S/o. Tatudas Sonwani, aged about- 58 years, . Teacher, Government Primary School Bital, District- Rajnandgaon (C.G.). . Jahir Ahmad Khan S/o. Late Phool Khan, aged about- 56 years, . Teacher, Government Girls Primary School Chhuria, District- Rajnandgaon (C.G.). Radheshyam Varma S/o. Shri Chhabiram Varma, aged about-61 years, . Teacher, Government Primary School Kalewa, District- Rajnandgaon (C.G.). Bankelal Shrivas S/o. Shri Latel Ram, aged about- 59 years, . Teacher, Government Higher Secondary School Ghumka, District- Rajnandgaon (C.G.). Lakhan Lal Sahu S/o. Shri Chintaram Sahu, aged about 61 years, . Teacher, Government Higher /fi- iS .••F'i5:?'"-",'~^-"^%''t»' ^'fljatey^ iy-"--i-^Cy^ "YtSi fiS'ARNA ''.'•-sQ Secondary School Jalbandha, District- Rajnandgaon (C.G.). 22. Swaroop Ram Sahu S/o. Shri ^ Chokuram Sahu, aged about- 61 years, . Teacher, Government Middle School Patela, District- Rajnandgaon (C.G.). 23. ^ Tukaram Sahu S/o. Shri Guhanrm Sahu, aged about- 54 years, . Teacher, Government Primary School Uraikala, District- Rajnandgaon (C.G.). 24. Mahendra Kumar Yadav S/o. Shri Bhushan Lal Yadav, aged about - 60 years, . Teacher, Government Primary School Charbhatha, District- Rajnandgaon (C.G.). 25. / Narsingh Yadav S/o. Shri Tukaram Yadav, aged about- 55 years, . Teacher, Government Girls Middle School Ghumka, District- Rajnandgaon (C.G.). 26, Kanhaiya Lal Varma S/o. Shri Purushottam Lal Varma, aged about- 59 years, . Teacher, Government Girls Primary School Ghumka, District- !lliH !1:{!| Rajnandgaon (C.G.). 27. 28. 29. 30. 31 / Sewaram Dewangan S/o. Shri Sundar Lal Dewangan, aged about- 61 years, . Teacher, Government Primary School Saloni, District- Rajnandgaon (C.G.). Mehtaru Ram Sahu S/o. Shri Chhabil Sahu, aged about- 56 years, . Teacher, Government Primary School Mudapar, District- Rajnandgaon (C.G.). Mukundram Varma S/o. Shri Amarsingh Varma, aged about- 56 years, . Teacher, Government Middle School Hartua, District- Rajnandgaon (C.G.). Malikram Varma S/o. Shri Amarsingh Varma, aged about- 60 years, . Teacher, Government Middle School Hartua, District- Rajnandgaon (C.G.). Chatur Lal Sahu S/o. Shri Ramdayal Sahu, aged about- 60 years, . Teacher, Government Middle School Saloni, District- Rajnandgaon (C.G.). . II ili ';^ m n:i Bli III I! l[i ilf 93 -inoqe peBe 'AEpe^ |e[fug WS 'o/S AEpBA |B-| eje/d •ze •(•o'o) uoe6pueufey -puisiQ 'BJJEQ |OOL|3g ^BUJUd (U3LUUJ8A03 'jaijoeei • 'sjeeA 95 (noqe peBe 'BLUJBA Luej]L)>|ns UMS •0/3 BLUJBA |e~| Uei)pJEAO£) '9£ '('O'O) uoe6puBufey -IOU^SIQ 'e|B)Aef!A looqog AjeLuud }U3UJUJ8AOQ 'J3L|OB91 • 'SJBSA 69 -)noqe pe6e 'nLfes |E|fug WS 'o/s nLjeg Luey UB|I|/\| •se '('O'O) uoe6puBufey -P!J}S!Q 'ejeqesie^g tooi)og e]pp!]/\t tusujuJSAOQ 'j3L|oe3i • 'sjee/i gS -inoqe p96e 'je>|UBL|a oejLun uqs •o/s je>|ueqa |B-I UE6eqL|3 •^£ '('O'O) uoe6pueurey -piflsia 'ejlGLIX |OOL)OS AjGLUUd }U3Luuj8AOQ 'jai^oeei 'sjeeA 9g }noqe pa6e 'ifeujjBA M4S 'o/S BUJJBA JB^ueqsuneQ 'eg '('O'O) uoeBpueufey -P.lflSIQ 'e|9)Ed lOO^Og ^GLUUd S]JJ9 )UeuJUJ9A09 'jeqoeai • ' SJEGA gg -)noqe psBe 'BLUJB/\ ujejn4]o» WS 'O/S BLUJBA |B-] JBpOLUEQ 'ge 38. 39. ^o. 41. 42. years, . Teacher, Government Higher Secondary School Jalbandha, District- Rajnandgaon (C.G.). Derha Ram Manikpuri S/o. Shri Vishramdas Manikpuri, aged about- 62 years, . Teacher, Government Girls Primary School Surgi, District- Rajnandgaon (C.G.). Ramkishun Deshmukh S/o. Banshilal Deshmukh, aged about- 58 years, . Teacher, Government Boys Primary School Surgi, District- Rajnandgaon (C.G.). Chandrashiv Deshmukh S/o. Shivlal Deshmukh, aged about 59 years, . Teacher, Government. Primary School Malpuri, District- Rajnandgaon (C.G.). Govindram Dewangan S/o. Late Shri Manrakhan Lal, aged about- 61 years, . Teacher, Government Primary School Beltikri, District- Rajnandgaon (C.G.). Renduram Sahu S/o. Shri Shobhuram Sahu, aged about 61 years, . Teacher, H.3 J ii91 il Ml Government Primary School, Buchimarha, District- Rajnandgaon (C.G.). 43. Manajeet Matiyara S/o. Shri / Kanwali Ram, aged about- 57 years, . Teacher, Government Primary School Bharregaon, District- Rajnandgaon (C.G.). 44. , Deenu Lal Sahu S/o. Shri Adiya Ram Sahu, aged about 61 years, . Teacher, Government Middle School Surgi, District- Rajnandgaon (C.G.). 45. Heeraman Lal Sahu S/o. Shri Dhannulal Sahu, aged about 61 years, . Teacher, Government Middle School Surgi, District- Rajnandgaon (C.G.). 46. Jivan Lal Sahu S/o. Shri Dhannulal Sahu, . Teacher, Government Higher Secondary School Surgi, District- Rajnandgaon (C.G.). 47. Amritlal Rajak S/o. Shri Rajau Rajak, aged about- 55 years, . Teacher, Government Higher Secondary School Surgi, District- Rajnandgaon (C.G.). di II lili Hilll -'i' 3 ,te'iB 1S.'? APARNA V^ %\ T'f// '^;*——^^ ^t'S^^f 48. Gendlal Sao S/o. Shri Dayaram Sao, aged 60 years, Teacher, Government Promary School Beltikri, District- Rajnandgaon (C.G.). 49. Ramji Joshi S/o. Shri Jethuram Joshi, aged about- 60 years, . Teacher, Government Primary School Kumhalori, District- Rajnandgaon (C.G.). 50. Chetan Ram Deshmukh S/o. Shri Raja Ram Deshmukh, aged about 61 years, . Teacher, Government High School Tedesara, District- Rajnandgaon (C.G.). 51. J.R. Sahu S/o. Shri Tukeram Sahu, aed about 59 years, . Teacher, Government Higher Secondary School Somni, District- Rajnandgaon (C.G.). 52. Bahursingh Sahu S/o. Shri Dhenuram Sahu, aged about- 55 years, . Teacher, Government Primary School Magartola, District- Rajnandgaon (C.G.). 53. Lakhanlal Sahu S/o. Shri Gokut Ram Sahu, aged about- 55 years, . Teacher, Government Primary School Kopedih, District- Rajnandgaon (C.G.). 5^- Bharat Singh Thakur S/o. Shri Ganesh Singh Thakur, aged about - 55 years, . Teacher, Government Higher Secondary School Somni, District- Rajnandgaon (C.G.). 55. Rajesh Kumar Shrivastava S/o. Shri Shivnandan Lal Shrivastava, aged about- 56 years, . Teacher, Government Primary Schoot Anjora, District- Rajnandgaon (C.G.). 56. Babulal Jain S/o. Late Hastamal Jain, aged about 58 years, Teacher, Govt. School, Motipur, District- Rajnandgaon (C.G.) 57. Smt. Renu Bhattacharya S/o. Shri Shankar Bhattacharya, aged about - 58 years, Teacher, Govt. School, Motipur, District- Rajnandgaon (C.G.) 58. Ku. Kaushal Ramteke D/o. Amritlal Ramteke, aged about- 54 years, Teacher, Govt. School, Motipur, District- M1 fefl !:yii ifiiaIII RESPONDENTS f^>f&^ Rajnandgaon (C.G.) 59. Smt. Pushpa Hariharno W/o. Shri Ramgopal, aged about- 60 years, Teacher, Govt. School, Motipur, District- Rajnandgaon (C.G.) 60.^ Janabai Bansod S/o. Tukdoji Bansod, aged about- 61 years, Teacher, Govt. School, Motipur, District- Rajnandgaon (C.G.) Versus 1. State of Chhattisgarh, Through- The Secretary, Education Department, D.K.S. Bhawan, Raipur (C.G.) 2. State of Madhya Pradesh Through: the Secretary, Education Department, Valtabh Bhawan, Bhopal (M.P.) 3. District Education Officer, Rajnandgaon, District- Rajnandgaon (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THECONSTITUTION OF INDIA. i'l pill l!;il i iM laii HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (S) N0.5898 OF 2007 PETITIONERS Shekh Zabbar Quraishi & Others RESPONDENTS Versus State of Chhattisgarh & Others AND WRIT PETITION (S) N0.6570 OF 2007 Post for pronouncement of the orders on the ^T'day of February, 2011 Sd/- SatishK.Agnihotri Judge ^ HIGH COURT OF CHHATTISGARH : BILASPUR PETITIONERS WRIT PETITION (S) N0.5898 OF 2007 Shekh Zabbar Quraishi & Others RESPONDENTS Versus State of Chhattisgarh & Others AND WRIT PETITION (S) N0.6570 OF 2007 PETITIONERS Santlal Sahu & Others RESPONDENTS Versus State of Chhattisgarh & Others (Writ petitions underArticle 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Anup Majumdar, Advocate for the petitioners. Shri Sushil Dubey, Government Advocate for the State. (Delivered on this _25L^ay of February, 2011) 1. W.P.(S) Nos. 5898 & 6570 of 2007, involve the same question of law andcommon facts and, as such, they are being disposed of by this common order. 2. By these petitions, the petitioners seek to challenge the legality and validity of the order dated 24-4-2006 (Annexure P/5) passed by the UnderSecretary to the Government of Chhattisgarh, Department of General Administration in respect of grant of second kramonnati. Further challenge is to the order dated 23*8-2007 (Annexure P/6) passed by the District Education Officer, Rajnandgaon, also. 3. The facts, in nutshell, as projected by the petjtioners, are that the petitioners are working as teachers in the Education Department ^'o and have completed more than 24 years of service prior to 17-3-1999. The, then, Government of Madhya Pradesh decided to grant 1 kramonnati to the employees who had completed 12 years of service and togrant 2 kramonnati on completion of 24 years of service and passed an order in this regard on 17-3-1999/19-4-1999. Pursuant to the said order, the petitioners, who have completed 24 years of service, were granted the benefit of 2" kramonnati by order dated 17-10-2000 (Annexure - P/2) and since then the petitioners continued to receive the said benefit. After reorganization of the State, the services of the petitioners were allocated to the new State of Chhattigarh. Thereafter, also the petitioners continued to receive the said benefit in the State of Chhattisgarh. According to the petitioners, the State of Chhattisgarh vide its order dated 20-5-2002 (Annexure - P/3) adapted the kramonnati scheme framed by the, then, State of Madhya Pradesh. Even by order dated 28-7-2004 (Annexure - P/4) the State of Chhattisgarh directed all the departments for granting the benefit of kramonnati. However, all of a sudden by order dated 24-4-2006 (Annexure - P/5) the State of Chhattisgarh clarified the pay scales of the Assistant Teachers, Teachers and Lecturers and further stated that the benefit of kramonnati will be applicable and payable w.e.f.1-8-2003. In compliance of the order dated 24-4-2006, the District Education Officer, Rajnandgaon, by order. dated 23-8-2007 (Annexure - P/6) ^ cancelled the benefit of 2 kramonnati w.e.f. 17-3-1999 and directed to make it applicable w.e.f. 1-8-2003. On account ofthe aforesaid impugned orders, there has been refixation of pay scale of the petitioners w.e.f. 1-8-2003 and the respondent authorities are recovering the excess payment made between 17-3-1999 to 1-8-2003 from the petitioners. Thus, this petition. 6. Shri Mazumdar, learned counsel appearing for the petitioners, would submit that the impugned orders are illegal, arbitrary and against the well settled principles of law. The benefit of 2" kramonnati granted by the State of Madhya Pradesh cannot be taken away by the State of Chhattisgarh. The impugned orders have been passed against the provisions of the M.P. Reorganization Act, 2000 (for short "the Act, 2000"), as the same has been passed without seeking prior approval of the Central Government. Before passing the impugned orders, proper opportunity of hearing has not been afforded to the petitioners. In this manner, the State of Chhattisgarh deprived the petitioners from getting their legal dues. Even otherwise, the impugned orders cannot be given retrospective effect. 7. On the other hand, Shri Dubey, learned Government Advocate appearing for the State, would submit that the order dated 17-10-2000 (Annexure P/2) passed by the District Education Officer was without any authority from the State Government and against the rutes. Thus, the said orderwas nullity and the petitioners are not entitled to get the benefitof 2 kramonnati .> 8. 9. 10. 11 12. pursuant to the order dated 17-10-2000. In fact, for the first time in the year2006, the State Government passedthe order with regard to extension of the benefit of 2" kramonnati to the Teachers. Shri Dubey would furthersubmit that in furtherance of the order dated 24-04-2006, the petitioners are entitled for pay revision w.e.f. 01-08-2003. In view of the aforesaid facts, the excess payment made to the petitioners on the strength of the order dated 17-10-2000 is liable to be recovered from the petitioners. 1 have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto. It is indisputable that the petitioners, after having completed 24 years of service, were granted the benefit of 2" kramonnati by order dated 17-10-2000 passed by the District Education Officer, Rajnandgaon, before creation of the State of Chhattisgarh by the, then, State of Madhya Pradesh. The petitioners continued to receive the benefit of 2 kramonnati. In the memo dated 28-7-2004 it was clearly stated that in the circular dated 19-4-1999 there has been a scheme for grant of 1 kramonnati after completion of 12 years of regular service and 2 kramonnati after completion of 24 years of regular service, if no promotion has been made. This was made applicable in case 'f' of Shiksha Karmis also, as is evident from the subject of the circular. The petitioners continued to avail the benefit of grant of 2 kramonnati till the State Government by memo dated 24-4-2006 directed to grant the benefit of 2 kramonnati w.e.f. 1-8-2003. It is not clear in the memo asto whether the same would be granted to the persons, who have not been granted the benefit earlier or even to those persons also, who have already been granted, pursuant to thecirculardated 17-3-1999/19-4-1999. 13. Consequent thereupon the order dated 23-8-2007 was passed by the District Education Officer, Rajnandgaon, by fixing the fresh date of grant of kramonnti w.e.f. 1-8-2003. According to the learned counsel appearing for the petitioners, the recovery of the payment made earlier has also directed. 14. Be that as it may, once the petitioners have been held to be entitled and consequent thereupon they have been granted the benefit of 2" kramonnati also, the same cannot be taken away by the aforesaid memos dated 24-4-2006 & 23-8-2007, on the ground that grant of 2 kramonnati was not sancioned in accordance with the rules. The respondents have not produced any rules, regulations or executive instructions in support of the contention that there was any prohibition for grant of the benefit of 2" kramonnati in respect ofthe teachers. 15. The Supreme Court in Sangam Spinners v. Regional Provident Fund Commissioner 1 clearly held that in terms of Section 6 (c) of the General Clauses Act, 1897 unless a different intention appears the repea] shall not affect any ffght, privilege or liability acquired, accrued or incurred underthe enactment repealed. '(2008)1 SCC391 ^•^AS^&'i^^.,., ^^/ .<^^<~L^& /'^a^ r 's'.. w 16. The aforesaid principle would be applicable in case of memos and instructions also, as the protection provided under the General Clauses Act to the persons cannot be taken away by memos and instructions as aforestated. However, no opportunity of hearing was afforded to the petitioners before re-fixing the date of grant of 2" kramonnati after the petitioners have availed the same since 17-10-2000 till 23-8-2007. On that account also the entire action of the respondent authorities is bad and vitiated. 17. This Court in Laxman Prasad Jangde v. State of C.G. & Others, observed as under: "9) This Court while deciding the similar issue involved in the matter of Mahendra Budek vs. State of Chhattisgarh & Others (W.P.(227) No.3106 of 2008), relying on various decisions of Hon'ble Supreme Court in the matters of Keshavan Madhava Menon vs. The State of Bombay, Jayantilal Amrathlal vs. The Union of India, The State of Jammu and Kashmir vs. Shri Triloki Nath Khosa and others, Govind Das and others vs. The Income Tax Officer and another, Chairman, Railway Board and others vs. C.R. Rangadhamaiah and others, Shyam Sunder and others vs. Ram Kumar and another, S.L. Srinivasa Jute Twine Mills (P) Ltd. Vs. Union of India and another & Sangam Spinners vs. Regional Provident Fund Commissioner I, observed as under : ".....the subsequent event taking place or change in law during the pendency of appeal cannot be looked into at the appellate stage, even if the law 2009 (1) CGLJ 26 has ceased to be a good law by amendment. unless contrary intention is shown, the applicability of the provisions would be prospective. In the facts of the case, no such intention has been expressed in the Amendment Act, 2008. Thus, the disqualification earned earlier cannot be cured or validated by the subsequent amendment i.e. Amendment Act, 2008." 18. The Special Leave Petition being SLP (C) No.28398 of 2008 (Rupesh Kumar Yadav v. State of CG & Others) against the order passed by this Court in Laxman Prasad Jangde (supra) was dismissed by the Supreme Court on 11-1-2010. 19. The principles of natural justice is applicable with full force in the present cases, as the order impugned visits with civil consequences and the same cannot be passed without affording proper opportunity of hearing to the persons concerned. 20. This Court, in Ku. Punam & Others v. State of Chhattisgarh & Others, wherein an identical issue came up for consideration, observed as under: "20. It is well settled that the purpose of rules of natural justice is not to administer justice alone but to prevent miscarriage of justice and the principles of natural justice are applicable to the administrative order, if such order affects right of a citizen. XXX XXX XXX Applying well settled principle of law to the facts of the cases, there is a (2008) 2 CGLJ 366 common thread that the principle of natural justice is not unruly horse. The principles of natural justice are required to be complied with, having regard to the facts situation obtained therein. Thus, the principles of natural justice may not be required to be followed in the cases, where the facts are admitted. Secondly, that it is practically impossible or highly improbable to afford an opportunity of hearing, in the event, of quashing of selection on account of irregularity committed on mass scale, or en- masse cancellation. Thirdty, no usefut purpose would be served by affording an opportunity of hearing." 21. Subsequently, the ratio laid down by this Court in Ku.Punam (supra) has been referred approvingly in Mrityunjay Shukla & Others v. Municipal Corporation Raipur & Others . 22. There is no gainsaying with regard to the fact that the petitioners were granted the benefit of 2 kramonnati and they have been continuing to receive the said benefit regularty even by the State of Chhatisgarh. 23. In Stete of Tripura and Others v. K.K. Roy5, the Supreme Court has laid emphasis on the importance of grant of kramonnati to the effect that even if the promotional avenues exist and an employee could not be promoted within a period of 12 years, he is entitled to get the benefit of one higher pay scale (kramonnati) and if further promotion is not granted, after completion of 24 years of service, the employee is entitled to get the benefit of 2 kramonnati. Theobject of grant of kramonnati is laudable ' (2009) 1 CGLJ 97 5 (2004) 9 SCC 65 4) Gowri having regard to the fact that the employee has not got any benefit of promotional avenues for a period of 12/24 years. 24. For the reasons mentioned hereinabove, the impugned order dated 23-8-2007 passed by the District Education Officer, Rajnandgaon, in respect of the petitioners and subsequent recovery proceedings initiated against the petitioners are hereby quashed. Accordingly, both the writ petitions are allowed. 25. There shall be no order asto costs. Satish K. Agnihotri Judge