IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 2771 of 2008, Decided on: 25.03.2009. Prakash Chand. … … Petitioner. Versus Himachal Road Transport Corporation… … Respondent. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?No1 For the petitioner: Ms. Salochana Kaundal, Advocate. For the Respondents: Mr. Adarsh Sharma, Advocate. Rajiv Sharma, Judge (Oral): The petitioner was released Senior Scale of Rs.1200-2100 vide letter dated 21.2.1991. It was withdrawn on the basis of Notification dated 13.7.1992. Ms. Salochana Kaundal, Advocate has strenuously argued that the petitioner has been granted senior scale on the basis of Notification dated 27.8.1990. Her further case is that the Notification dated 13.7.1992 could not be applied retrospectively. Mr. Adarsh Sharma, Advocate has supported the decision of withdrawal of senior scale. Whether reporters of local papers may be allowed to see the judgment? No. - 2 - I have heard learned counsel for the parties and have gone through the record carefully. It is not disputed by the parties that the petitioner was granted senior scale on 21.2.1991 on the basis of Notification dated 27.8.1990. It was withdrawn on the basis of Notification dated 13.7.1992. Mr. Adarsh Sharma, Advocate submits that the service record of the petitioner was required to be seen as per Notification dated 13.7.1992. The Notification dated 13.7.1992 could not be applied retrospectively. The rights which have accrued to the petitioner on the basis of Notification dated 27.8.1990 could not be destroyed by subsequent Notification. There was no condition stipulated in the Notification dated 27.8.1990 to see the service record of the petitioner and similarly situate persons. The fact that the petitioner has been issued show cause notice before the withdrawal of the senior scale is of no consequence in view of the observations made here- in-above. Accordingly, the writ petition is allowed and the decision of the respondent-corporation to withdraw the senior scale granted to the petitioner w.e.f. 1.1.1986 is declared ultra vires. The petitioner is held entitled to the pay scale of Rs.1200-2100 w.e.f. 1.1.1986 on the basis of letter dated 21.2.1991. No costs. March 25, 2009. (Rajiv Sharma) (rkv). Judge. - 3 -