IN THE HIGH COURT OF SIKKiM OF3DEF3 SHEET ...Writ...Petition..I.C} ........................... No.13 of 2oo7 .....„SMr.....DHAKa,..DEV|..SHABmn.„.......„...Petitioner/Appe]lant Versus TIE CHEF EXBcurn7E OFFlcER Pespondent slKKIM relADI a vll.RAGE ENDusTREs BOARD, Order with Signature Office Note as to action (if any) taken on Order Present: Mr. A.K. Upa Advocate with M s. Manita Pradhan, Advocate for the Petitioner. Mr. 8. Sharma, Sr. Advocate with Mr. J.K. Kharga, Advocate for the Respondent No. 1. Mr. R.P. .Sharma, Executive Officer; Sikkim Khadi & Vinage Industries Board, D e orali, Respondent-No. 2 in person. + The Writ Petition is admitted. The Writ Petitioner submits that she was placed as Statistical lnvestiga.tor from her earlier posting as U.D.C. and then on 17.5.2006 her pa.y was raised by a published order of the Resp ondents from Rs. 40 0 0 / - basic minimum to Rs.4300/-basic mininum. Then on 15.03.2007, all these benefits were withdrawn from her without giving her a hearing. An earlier Writ Petition ffled by the Writ Petitioner became infructuous- because of the rescinding order dated a.' Serial Date Order with Signature Office Note as to No. ofOrder ofOrder action (if any)takenonOrder 15.03.2007 which has been challenged I( herein. The point of naturaljustice is raised. Giving a promotion or a raise depends on various factors including preliminary assessment of suitability but demotion or reduction in pay ordinarily has to be accompanied by and is usually preceded by II a reasonable and fair hearing. There appears to be prima facie merit in the Writ Petition.Although the Respondents submit that the pay raise on 17.5.2006 was given without the approval of the Chairman, and that the Board decided to rescind the order, so as to avoid "breach of prescribed norms", and did so on the basis of two Meetings of I the Board held on 14.09.2006 and02.03.2007,primafacie,apriorhearingwas, in these circumstances, eminently called for.Affida.witinoppositionwithin3weeks, reply 3 weeks thereafter. Place in the list .for nearin on J./.uf.zuuf. uliicss lilt;ic is good cause to the contrary, the Respondents `ipe- SerialNo.ofOrder DateofOrder Order with Signature Office Note as toaction(ifany)takenonOrder should seriously consider maling the earlier benefits once again available to the Writ Petitioner .inmediately, though on a purely ad`hoc and temporary basis, subject to the final decision of the Court. ( A.N. Ray, CW) (NTs,.¥?;, ®.P '3/c)7 L Serial TDate Order with Signature Office,Note as to No. of of action (if any) Order Order taken on Order 02. 4.8.07 Present: Mr. A.K. Upadhyaya, Sr. Advocate with II I Ms. Rashmi Rekha Devi, Advocate for the petitioner. Ms. Sunita Pradhan, Advocate for the Respondents.ItisaDivisionBench matter. Adjourned to 05.10.2007 by consent of the leaned counselappearing.(A.N.Ray,CJ) I ` ¥.a ``, a` SerialNo.ofOrder troD::teiiI Order with Signature Office Note as toaction(ifany)takenonOrder 4.1I) (-12-20'07 Present: Mr. A.K. Upadhyaya, Sr. Advocate with 1\\ Mr. S. Joshi, Advocate for the petitioner. Mr. S.P. Wangdi, Sr. Advocate with Mr. Karma Thinla.y, Advocate for the I\ )(I respondents.Itissubmittedby Mr. S.P. Wangdi, learned ' (II \ Srnior Advocate at the Bar that the case of thepetitionerforpromotionisbeingtakenupbythe 1) respondents and it will take some time before the \\1\\ matter is finalised.Byconsentof the parties, let the matter come up after winter vacation i.e. on 7-3-2008. I pr II( I i\ I ) I I (A.N. ay, CJ) (A.P. a, J) ¢ I 1I `,zz), Ser'aNo.o I Datefof Order with Signature Offjce Note as to Order C) rder action (jf any)takenonOrder 0 . 07.3.0 Hesent: Mr. A.K. Upadhyaya, Sr. Advocate with Mr. Ashim Chhetri, Ms. Rashmita Rai and Ms. Pollin Rai, Advocates for the Petitioner.Mr.J.B.FTadhan,Advocate for the Respondents.Onbehalfofthe writ petitioner, it is submitted that a promotion order has already been passed in favour of the writ petitioner. A copy of the Office Order handed over by the learned senior counsel Mr. A.K. Upadhyaya be kept on record, countersigned by our ELncipal Court Officer. According to the writ petitioner there is no need to proceed any further; thus the writ petition is disposed of fmally without any further or other orders. Learned counsel for the respondents takes no exception to this.`A.Nfiou) (A. . ubba,J) I