CWP(T) No. 7860 of 2008 10.11.2010 Present: Mr. Dilip Sharma, Advocate, for the petitioners. Ms. Ruma Kaushik, Addl. Advocate General with Mr. Ram Murti Bisht, Deputy Advocate General for the respondents/State. According to Mr. Dilip Sharma, learned counsel for the petitioners the matter in issue is squarely covered by the decisions rendered by a Coordinate Bench of this Court in CWP(T) No. 7861 of 2008, titled as B. S. Patyal and others versus State of H.P. and another, decided on 9.8.2010 and in CWP(T) No. 7809 of 2008, titled as Vidya Sagar and others versus State of H.P. and another, decided on 19.6.2009, copies of which are taken on record. 2. Petitioners have prayed for the following relief:- “(7.1) That corrigendum dated 9.1.2001 at Annexure A-5 and rejection of representation vide memo dated 31.5.2001 at Annexure A-6 may kindly be quashed and set aside qua the applicants. (7.2) That the applicants may be held entitled to the pay fixation and actual benefit already granted to them vide order dated 5.11.1999, Annexure A-4, with all consequential benefits. (7.3) That if during the pendency of Original Application, any recoveries are effected from the salary of applicants pursuant to impugned order, the same may be directed to be refunded to them with interest at market rate. (7.4) That respondents may be directed to produce the records pertaining to this case for the perusal of this Hon’ble Tribunal. -2- (7.5) Any other relief deemed proper in the circumstances may also be granted. (7.6) Cost of the application may also be awarded.” 3. It cannot be disputed at bar that before passing the impugned order dated 9.1.2001 (Annexure A-5) no opportunity of hearing/representation was afforded to the petitioners. In terms of the impugned order pecuniary benefits afforded to the petitioners stand withdrawn. This entails civil consequences and principles of natural justice have been violated. 4. Keeping in view the ratio of law laid down by the Apex Court in Rajesh Kumar and others versus Dy. CIT and others, 2007(2) SCC 181 and by this Court in B. S. Patyal (supra) and Vidya Sagar (supra) Annexure A-5 qua the petitioners and Annexure A-6 are quashed. Liberty granted to the respondent to take action in accordance with law after complying with the principles of natural justice. Needless to add respondents shall pass a reasoned order which shall be communicated to the petitioner. Petition stands disposed of accordingly. (Sanjay Karol), Judge. November 10, 2010 (PK)