IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 12575 of 2008 Date of Decision : December 14, 2011 Dr. N. K. Vaidya s/o late Dr. Rup Chand Vaidya, R/o House No. 140/3, Ward No. 1, Jawahar Nagar, Mandi, H.P., Presently working as Sr. Medical Officer, Civil Hospital, Sundernagar, Distt. Mandi, H.P. Petitioner Versus 1. State of Himachal Pradesh through its Secretary (Health) to the Govt. of Himachal Pradesh, Shimla-2. 2. Director of Health Services, Himachal Pradesh, Shimla-9. 3. Chief Medical Officer, Mandi, Distt. Mandi, H.P. Respondents Application under Section 19 of the Administrative Tribunal’s Act, 1985. Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. G. R. Palsra, Advocate, for the petitioner. For the respondents: Mr. Ram Murti Bisht, Deputy Advocate General with Mr. Vinod Thakur, Dy. A.G. for respondents-State. Justice Sanjay Karol, J. (Oral) Petitioner claims benefit of order dated 25.3.2004 (Annexure PD) passed by the erstwhile Himachal Pradesh Administrative Whether reports of Local Papers may be allowed to see the judgment? 2 Tribunal in OA(M) No. 180 of 2003 as also judgment dated 18.4.2011 passed by this Court in CWP(T) No. 14394 of 2008, titled as Dr. Jagat Ram Thakur versus State of H.P. and others, copy of which is taken on record. 2. It is the petitioner’s grievance that vide order dated 7.12.2004 (Annexure PA) his pay, without affording any adequate opportunity of hearing/show cause, stands reduced and recovery of the amount already released to him is sought to be affected. In similar circumstances, action of the State was set aside vide order dated 25.3.2004 (Annexure PD) and also this Court in Jagat Ram (supra). 3. As to whether order dated 25.3.2004 has attained finality or not is not evident from the record. As such, respondent No. 1 is directed to look into the matter and take appropriate action by taking into account order dated 25.3.2004 or order passed in any subsequent proceedings as also the applicability of the ratio of law laid down by this Court in Jagat Ram (supra). Decision shall positively be taken within a period of three months from the date of receipt of certified copy of the judgment. Petition stands disposed of, so also the pending application(s), if any. Copy dasti. (Justice Sanjay Karol), Judge. December 14 , 2011 (PK)