CWP(T) No. 1559 of 2008 26.4.2010 Present:- Mr. A.K.Gupta, counsel for the petitioner. Mr. R.K.Sharma, Addl. Senior Advocate General with Mr. P.K.Sharma, Addl. A.G. and Mrs. Shubh Mahajan, DAG for the respondents. The petitioner in the petition has prayed for quashing of Annexure P-1 dated 27.7.2005 and restoration of her original pay which was being paid to the petitioner with all consequential benefits such as arrears and interest etc. 2. The grievance of the petitioner is that she had earlier filed O.A. No.2894 of 2002 before the erstwhile Tribunal. The Tribunal decided the O.A. on 10.3.2005 and set-aside the order of fixation of pay of the petitioner. The Tribunal directed the respondents to issue notice to the petitioner before fixation of her pay. The Deputy Director Primary Education issued letter/notice dated 27.7.2005 Annexure P-1 to the petitioner for fixation of her pay. The learned counsel for the petitioner has submitted that respondent No.3 in notice dated 27.7.2005 Annexure P-1 has already disclosed his mind what is to be ultimately given to the petitioner at the time of fixation of her pay. This contention of the learned counsel for the petitioner is misplaced inasmuch as in notice Annexure P-1 the respondent No.3 has not finally decided anything nor he has finally stated what will be the ultimate pay of petitioner after fixation. 3. The learned counsel for the petitioner has submitted that after notice dated 27.7.2005 Annexure P-1, the petitioner gave reply - 2 - but the respondents have not taken any decision and not fixed the pay of the petitioner. It appears since the petitioner had filed the petition in the erstwhile Tribunal which has now been transferred to this Court, therefore, the respondents have not taken any decision on the basis of notice Annexure P-1. The learned Senior Additional Advocate General has submitted that the respondents shall decide the case of the petitioner within time frame as directed by this Court on the basis of notice dated 27.7.2005 Annexure P-1. The respondents shall also consider the reply, if any, filed by petitioner to notice Annexure P-1. 4. No other point was urged. 5. The result of the above discussion, the respondents are directed to fix the pay of the petitioner in pursuance to notice dated 27.7.2005 Annexure P-1 and after taking into consideration the reply filed by the petitioner to the notice Annexure P-1 by speaking order, within a period of six weeks from the date of receipt of the copy of this order. The petitioner shall be at liberty to challenge final order of pay fixation in case decision on the basis of Annexure P-1 goes against her. The writ petition stands disposed of on above terms. April 26, 2010. ( Kuldip Singh ) (GR) Judge.