IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 8878 of 2008 Date of Decision : May 27, 2010 Dr.Sushil Mahajan Petitioner Versus State of H.P. and others Respondents Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting : Yes. For the respondents : Mr. R.K.Sharma, Sr. Addl. Advocate General. Justice Kurian Joseph, C.J. (Oral) Petitioner approached this Court aggrieved by Annexure A-2 whereby his pay has been re-fixed. It is stated in Annexure A-2 that fixation is made based on the instruction given by the Finance Department. Of the several contentions taken by the petitioner one particularly noted is that in the process petitioner had not been given notice. It is the contention of the State that no notice is necessary since it is only a proper fixation of the pay. Having regard to the factual background of the case, since the impugned action has adverse effect of reduction in salary, the employee is entitled to have an opportunity to explain his position, lest it should lead to violation of principles of natural justice. Therefore, without expressing any opinion on the merits of the 2 case we set aside Annexure A-2, without prejudice to the liberty to the State, if so required and if so advised to take appropriate action after affording an opportunity of hearing to the petitioner. 2. The writ petition is allowed as such. Dasti copy. (Justice Kurian Joseph), Chief Justice. (Justice Sanjay Karol), Judge. May 27, 2010 (PK)