None 10764 of 2008 on 22 October 2003

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 10764 of 2008.

Decided on: 22[nd] December, 2010.

Pawan Kumar.

…Petitioner. -Versus-

State of H.P. and another.

…Respondents.

Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?[1] No.

__________________________________________________________ For the petitioner. :Mr. Ramakant Sharma, Advocate. For the respondents. : Mr. P.M. Negi, Deputy Advocate General with Mr. J.S. Guleria, Assistant Advocate General.

---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral):

The pay of the petitioner was enhanced vide Annexure A-1, dated 23.05.2003. However, the same was withdrawn vide Annexure A-2, dated 22.10.2003. Admittedly, the petitioner has not been heard before the issuance of Annexure A-2, dated 22.10.2003. He has been visited with civil and evil consequences. His pay has been reduced. The petitioner has neither misled nor played any fraud upon the respondents at the time of granting him revised/enhanced pay. 2. Consequently, the petition is allowed. Annexure A-2, dated 22.10.2003 is quashed and set aside. However, liberty is reserved to the respondents to proceed with the matter in accordance with law. The petition stands disposed of. No costs.

December 22, 2010. (bhupender)

(Rajiv Sharma) Judge

1Whether the reporters of the local papers may be allowed to see the judgment?. NO.