Ashok Kumar and Another vs State of Himachal Pradesh and Others

Rajiv Sharma, J.—The Petitioners were granted higher pay-scale vide office order dated 23rd May, 2003. However, the same has unilaterally been withdrawn vide order dated 14th October, 2003 (Annexure A-3). The Petitioners have neither been issued any show cause notice nor have they been afforded ample opportunity of being heard before issuance of order dated 14th October, 2003, Annexure A-3. Since the salary of the Petitioners has been reduced, that too, unilaterally, they have suffered civil and evil consequences.

Consequently, the petition is allowed. Annexure A-3, dated 14th October, 2003 is quashed and set aside. However, liberty is reserved to the Respondents to proceed with the matter in accordance with law. Further, the Respondents are directed to pay and release to the Petitioner the salary for vacation period in view of the principles laid down by this Court in Baldev Singh and Ors. v. State of H.P. and Ors. CWP No. 415 of 2000, decided on 1st September, 2008, which has been up-held by the Hon''ble Supreme Court. Needful be done within a period of two months from the date of production of a certified copy of this judgment by the Petitioner. The pending application(s), if any, also stands disposed of. No costs.