C.W.P.No.19263 of 2005 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P.No.19263 of 2005 Date of Decision : 18.2.2008 Mukhtiar Singh .....Petitioner versus State of Haryana and others .....Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL Present : Shri Deepak Sharma, Advocate for the petitioner. Ms.Mamta Singhal Talwar, AAG, Haryana for respondent No.1. Shri Ajay Nara, Advocate for respondent Nos.2 & 3. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? JUDGMENT HEMANT GUPTA, J. The challenge in the present writ petition is to the order dated 15.7.2005, Annexure P-5, whereby the pay of the petitioner has been reduced without granting him opportunity of hearing. It is the case of the petitioner that he attained the age of superannuation on 30.6.2005 and after his retirement, the impugned order has been passed without granting him opportunity of hearing. Learned counsel for the respondents could not controvert the fact that no opportunity of hearing was granted to the petitioner, but asserted that the pay fixation was in view of the Government Instructions. While refixing the pay of the petitioner, no opportunity has been granted to him which affects his civil rights. Since no opportunity of C.W.P.No.19263 of 2005 2 hearing was granted to the petitioner, therefore, the order Annexure P-5 suffers from patent illegality and illegality being violative of the principles of natural justice. In view of the above, we quash the order dated 15.7.2005, Annexure P-5 and direct the respondents to pass a fresh order after granting opportunity of hearing to the petitioner. The present writ petition stands disposed of accordingly. (HEMANT GUPTA) JUDGE 18-02-2008 (MOHINDER PAL) *mohinder JUDGE