IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 16372 of 2008. [OA (D) No.321 of 2007]. Date of Decision: 18th July, 2011. _______________________________________________________ Smt. Sanjogta Parmar ….Petitioner. Versus The State of H.P. & others .…Respondents. Coram Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?1 Yes. For the petitioner: Mr. Ranjan Sharma, Advocate. For the respondents: Mr. A.K. Bansal, Additional Advocate General. _________________________________________________________ Surinder Singh, J. (Oral). The petitioner sought to quash and set aside Annexure A-7 dated 21.5.2007 issued by respondent No.1 to the respondent-Director by filing O.A. in the erstwhile Administrative Tribunal, whereby the order regarding drawl of her pay as Lecturer (College cadre) has been withdrawn and ordered to disburse pay as Lecturer (School cadre), despite her performing the duties as Lecturer (College cadre). After the abolition of the Tribunal OA was transferred to this Court and registered as CWP (T) No.16372 of 2008. 1 Whether the reporters of Local Papers may be allowed to see the judgment? - 2 - 2. The respondents were given repeated opportunities to file reply and on the last date of hearing, i.e., 1.7.2011 two weeks further time was sought and allowed to file the reply. Since the reply has not been filed, as such the right to file the reply is closed. 3. The petitioner was appointed as Lecturer (Economics) in College in the pay scale of `700- 1600 in the erstwhile privately managed ‘TKDD College’ Thural on 2.8.1980 vide Annexure A-1. She joined her duties on 4.8.1980. Thereafter she passed MA (Economics) in April, 1981 and M.Phil in October, 1987, so as to become eligible to continue as such, as per University Ordinance, wherein it is provided that as far as appointment of teachers in the privately managed and recognized and affiliated colleges are concerned, the same is made from amongst the persons who possess MA qualification with 50% marks and are M.Phil. The aforesaid College was one of the Colleges, which was accorded 95% grant-in-aid by the Government with effect from the year 1995. 4. In November, 1999, the aforesaid College was granted recognition as well as affiliation by the respondent-State. The HP University approved the - 3 - appointment of the petitioner as Lecturer in Economics, as per letter dated 29.1.1990 (Annexure A-2). 5. Vide letter No.Edn-H-5(C)(10)9/84- dated 21.9.1998 (Annexure A-3), the petitioner was given regular pay scale from the date of her initial appointment and the petitioner was also accorded senior scale and selection scale as College Lecturer with effect from 4.8.1995 and 27.8.1998 vide letter dated 12.6.2000 (Annexure A-4) and her basic pay was fixed at ` 14,520/-, which is apparent from her salary bill dated 20.5.2005 (Annexure A-5). 6. The aforesaid College was taken over on 9.11.2005 by the respondent-State, but the services of the petitioner were taken as Lecturer in School cadre with effect from 18.10.2006. The said order was challenged by the petitioner by filing OA in the erstwhile Tribunal and vide its order dated 20.10.2006 the respondents were directed to maintain status quo. Thereafter the petitioner continued working as such in the said College and till date she has been continuously performing the job of Lecturer (Economics), but vide letter dated 21.5.2007 (Annexure A-7) without giving any notice to her she was held not entitled for the drawl of the - 4 - pay as Lecturer (College cadre), but in turn she was ordered to withdraw the pay for Lecturer (School cadre) and pay drawn as College Lecturer is also intended to be recovered. 7. It is apparent from above the facts that the impugned letter dated 21.5.2007 was issued by the respondent-State to the respondent-Director without any notice and affording an opportunity to the petitioner of being heard and virtually she was condemned unheard, which is against the principle of natural justice and cannot be sustained in the eyes of law. As such, the impugned Annexure A-7 dated 21.5.2007 and consequent letter Annexure A-8 dated 10.7.2007 issued by the Principal of the College are hereby quashed and set aside. Since the petitioner is working as College Lecturer she would be entitled to draw the pay of the said post and no recovery can be effected from her without notice and affording any opportunity of being heard. 8. The writ petition is disposed of in above terms. No costs. July 18, 2011. (Surinder Singh), (rc) Judge.