IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 11392 of 2008. Decided on: 22.12.2010. __________________________________________________________ Bisan Swaroop. … Petitioner. Versus The State of Himachal Pradesh and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioner : Mr. R.S. Gautam, Advocate. For the Respondents : Mr. P.M. Negi, Deputy Advocate General with Mr. J.S. Guleria, Assistant Advocate General. Rajiv Sharma, J. (oral): Petitioner was designated as Technician Grade-II vide office order dated 21st March, 2001 (Annexure R-II). He was placed in the pay scale of ` 4020-6200. However, vide Annexure A-1, dated 24th September, 2003, the petitioner’s pay has been re-fixed in the pay scale of ` 3120-5160 and his designation has also been lowered. Petitioner has not been issued any show cause notice or afforded opportunity of being heard before issuance of Annexure A-1, dated 24th September, 2003. Since the pay and designation of the petitioner has been lowered to his detriment, he ought to have been issued show cause notice or 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - heard before the issuance of Annexure A-1. There is violation of the principles of natural justice. 2. Accordingly, the petition is allowed. Annexure A-1, dated 24th September, 2003 is quashed and set aside. In normal circumstances the respondents ought to have been given the opportunity to proceed with the matter in accordance with law. However, in this case since the petitioner has already retired, it will cause immense economic hardship to the petitioner if the proceedings are permitted to be continued against him. Consequently, the proceedings are closed. The amount, if recovered, shall be refunded to the petitioner within a period of two months after the production of certified copy of this judgment by the petitioner. The pending application(s), if any, also stands disposed of. No costs. (Rajiv Sharma), Judge. December 22, 2010. (sck).