IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) 11749 of 2008. Date of decision: 8.3.2011 Surinder Singh Chauhan … Petitioner. Versus State of HP& Others. …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 For the petitioner: Mr. Dilip Sharma, Advocate. For the respondents : Mr. Vivek Singh Thakur, Addl. Advocate General. Deepak Gupta, J. (oral) CMP (T) No. 32 of 2011. Allowed. CWP(T) No. 11749 of 2008. 1. By means of this petition, the petitioner has prayed for the grant of following reliefs:- “That the impugned order dated 8.6.2002, Annexure A-5 as also memo dated 7.2.2005, Annexure A-8 may kindly be quashed and set aside. That the respondent department may be restrained from effecting any recoveries from the salary of applicant on account of alleged over payment of arrears of pay for the period from 1.4.1994 to 3.8.1998.” 2. No reply has been filed in this case, but it is apparent from the record that prior to his regularization as lecturer in school cadre, the petitioner was working as lecturer on tenure basis in the college cadre. 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. : 2 : 3. From the record it is apparent that before passing the impugned orders Annexures A-5 and A-8 notice was not issued to the petitioner, therefore the petition has to be allowed on this short ground alone. 4. In view of the aforesaid discussion, the orders dated 8.6.2002 Annexure A-5 and memo dated 7.2.2005 Annexure A-8 are quashed and set aside with liberty to the respondents to reconsider the matter afresh after giving notice to the petitioner in accordance with the rules and natural justice. Petition is disposed of in the aforesaid terms. No costs. ( Deepak Gupta ) Judge. 8th March, 2011. (Krn guleria)