IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 13711 of 2008 along with CWP (T) No. 13712 of 2008 Decided on : 26th May, 2011. 1. CWP (T) No. 13711 of 2008. Ram Lal v/s State of HP & Ors. 2. CWP (T) No. 13712 of 2008 Bhawani Devi v/s State of HP & Ors. ___________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner(s) : Mr. Vinay Kuthiala, Advocate For the respondents : Mr. Vikas Bhardwaj, Dy. A.G. Justice V.K.Sharma, Judge (Oral) Both these petitions, which raise common questions of law and fact are taken up together for disposal by a common judgment. 2. The petitions have been filed on the following identical prayers vide para 7 (i) to (iv): “i) That the Office Orders dated 13.4.2006 (Annexure A-1 and A-2), may kindly be quashed. ii) That the Seniority list dated 30.3.2006, which is prejudicial to the applicant and not in consonance with her seniority may also kindly be quashed. 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 iii) That the respondents maybe directed not to give effect to the order whereby the applicant has been relieved from her present post and place of posting i.e. Government Primary School Mehala and may be directed to accord her all the benefits and emoluments to which she is entitled according to her seniority and rules and the validity of Annexure A-4 may kindly be upheld. iv) That the respondents be directed not to appoint any other person in place of the applicant and Cost of this application may kindly be awarded in favour of the applicant and against the respondent. 3. The respondents are yet to enter upon replies. However, the learned counsel for the petitioners submits at the very out set that the cases of the petitioners are covered under judgment dated 23.2.2011 rendered by a learned Single Judge of this Court in CWP (T) No. 13724 of 2008, Ram Jani versus State of H. P. and Ors., text whereof is as under: “Petitioner was promoted to the post of Whole Time Contingent Paid Employee vide office order dated 07.03.2005. However, the same has been withdrawn vide office order dated 13.04.2006. Admittedly, the petitioner has not been heard before the issuance of orders dated 13.04.2006 (Annexures A-1 and A-2). Petitioner could not be reverted from the higher post without hearing him, rather it amounts to reversion. 2. Their Lordships of the Hon’ble Supreme Court in Union of India and another Versus Narendra Singh (2008) 2 Supreme Court Cases, 750 have held as under: “34. True it is that before such an action is taken and a person is actually reverted, he must be given an opportunity to show cause why the proposed action should not be taken. He may be able to satisfy the authorities that there was no such mistake. But even otherwise, principles of natural justice and fair play require give of such opportunity to him. But as observed 3 earlier, in the instant case, in accordance with Rule 31-A of the Fundamental Rules, notice was issued to the respondent employee, explanation was sought and thereafter the order was passed. The said order, in our considered view, was just, proper and in consonance with law and it ought not to have been set aside by the Tribunal or by the High Court. To that extent, therefore, the orders impugned in this appeal deserve to be set aside.” 3. Accordingly, in view of the observations and discussions made hereinabove, the petition is allowed. Annexures A-1 and A-2, dated 13.04.2006 are quashed and set aside. The consequences shall ensue. No costs.” 4. In view of the above, if on facts, the cases of the petitioners are covered under the judgment referred to above, in CWP (T) No.13724 of 2008, and they are similarly situate, they shall also be treated similarly without any discrimination and benefit of the said judgment shall be extended to them within three months from the date of production of copies of this judgment and the judgment referred to hereinabove by the petitioners. 5. The petition stands disposed of, so also pending CMP (s), if any. (V.K.Sharma.) Judge. 26th May, 2011. (jai)