CWPOA/9939/2008 on 31 December 2011

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP (T) No.9939/2008 Reserved on: 23.12.2010 Decided on:________2010 _____________________________________________ Khem Chand and others.

…Petitioners.

Versus State of Himachal Pradesh and others. …Respondents.

________________________________________________________

Coram:

Hon’ble Mr. Justice Rajiv Sharma, Judge.

Whether approved for reporting?1 No

For the petitioner : Mr. Vikas Bhardwaj, Advocate

For the Respondents: Mr. P.M.Negi, Dy. A.G. with Mr. R.P. Singh, Asstt. Advocate General.

_____________________________________________________

Rajiv Sharma, Judge (oral).

The pay of the petitioners was enhanced vide office order dated 23.5.2003 (Annexure A-5). However, the same has been withdrawn unilaterally vide order dated 14.10.2003 (Annexure A-1). The petitioners have neither been issued any show cause notice nor have they been afforded ample opportunity of being heard before the issuance of order dated 14.10.2003, Annexure A-1. Since the salary of the petitioners 1 Whether reporters of the local papers may be allowed to see the judgment? No High Court of H.P. 2010:HHC:13257 ::: Downloaded on - 05/11/2026 11:58:40 :::CIS

2 has been reduced, that too, unilaterally, they have suffered civil and evil consequences.

2. Consequently, the petition is allowed. Annexure A-1 dated 14.10.2003 is quashed and set aside. However, liberty is reserved to the respondents to proceed with the matter in accordance with law. No costs.

(Rajiv Sharma),

Judge ________2010 *awasthi* High Court of H.P. 2010:HHC:13257 ::: Downloaded on - 05/11/2026 11:58:40 :::CIS