CWP (T) No. 12538/2008 26.02.2011 Present: Mr. Ranjan Sharma, Advocate, for the petitioner. Mr. R. M. Bisht, Dy. A.G with Mr. Vinod Thakur, Dy. A.G. for the respondents OA-(D) 93/96 filed by the petitioner stood decided in terms of judgment dated 27.4.2005. Operative portion of the said judgment reads as under:- “In view of the aforesaid OA is allowed and respondents are directed not to recover the excess amount already paid to the applicant. The impugned order Annexure P- 1 and P-2 are set aside to the extent that it relates to the recovery of excess payment. However, the respondents will be at liberty to re-fix the pay of the applicant as is applicable in his case only after issuing notice and give personal hearing to him and re-fixing the pay of applicant will be from the prospective date.” 2. According to the respondents, they have fully complied with the directions and only thereafter had taken the impugned action in terms of office order dated 19.11.2005 (Annexure A- 6). 3. Reading of the judgment by the respondents is evidently not correct. Tribunal had directed the respondents to not only afford personal hearing to the petitioner but also issue notice. Petitioner was not issued any show cause notice before arriving the decision in terms of Annexure A-6. In Annexure A- 6, respondents have sanctioned the increments which were withheld due to pendency of the Court case, which in effect were not released to him lateron. 4. Be that as it may be, without going into the merits of the case, as prayed for by the learned counsel for the petitioner, on the short ground that petitioner was not issued any show cause notice, impugned order dated 19.11.2005 (Annexure A-6) is quashed. Respondents are directed to issue show cause notice to the petitioner within a period of four weeks from the date of receipt of a certified copy of this order. Petitioner shall respond to the same within a period of four weeks thereafter and only thereafter respondents shall take decision within a period of 12 weeks. 5. Needless to add, respondents shall take into account the contentions urged by the parties in the present petition. 6. With the aforesaid observations, petition stands disposed of. February 26, 2011 ( Sanjay Karol ), (rana) Judge.