CWP No. 359/2006. 16.6.2009 Present: Mr. R.K. Bawa, Advocate General, with Mr. R.M. Bisht, Deputy Advocate General, for the petitioners. Mr. Surinder Sharma, Advocate, for the respondent. This writ petition is directed against the order dated 27th September, 2005, passed by the erstwhile H.P. State Administrative Tribunal in O.A. No. (D) 290/2005. The main ground of challenge is that the impugned order allowing the Original Application in favour of the claimants was passed even without affording an opportunity to the respondent-State to file reply. The order reads as follows:- “Sh. B.S. Parmar, learned Additional Advocate General waives service of notice on behalf of respondents. Since the juniors are working with the respondent as mentioned by the learned counsel for the applicant in para-3 of the Original Application the respondents are directed to re-engage the applicant forthwith on the same post and at the same place. In view of this, the Original Application stands disposed of accordingly. ‘Dasti copy’”. -2- A bare perusal of this order clearly shows that Shri B.S. Parmar, the then learned Additional Advocate General waived service of notice on behalf of the respondents. It was incumbent upon the Tribunal to have afforded an opportunity to the respondents to file reply to controvert the allegations made in the petition. Without giving respondents an opportunity of filing the reply, it is not understandable how the Tribunal came to the conclusion that persons junior to the petitioner were still working. This was a question of fact to be decided after the reply was called for from the State. In view of the aforesaid discussion, we have no other option but to set aside the order dated 27.9.2005 in O.A. (D) 290 of 2005. The writ petition is allowed in the aforesaid terms. Normally, after setting aside the order, the matter would have been remitted to the State Administrative Tribunal. The State Administrative Tribunal now stands abolished and all matters pending before the Tribunal are to be transferred to this court. In view of these peculiar facts, we direct the Registry of this court to call for the records -3- of O.A. (D) 290 of 2005 and the same shall be registered as C.W.P. (T) and thereafter the matter be listed for admission before an appropriate Bench. The petition stands disposed of in the aforesaid terms. No costs. (Deepak Gupta), J (Surinder Singh,J June 16, 2009 (cm)