IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 15053 of 2008. Decided on: April 6, 2010 Joginder Singh ….. Petitioner. Versus Himachal Road Transport Corporation and others …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner : Mr. M.R. Verma, Advocate. For the Respondents: Mr. Adarsh Sharma, Advocate. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) Annexure A-2 and A-4, orders whereby the respondents took steps to recover certain amounts and refix the pay of the petitioner are under challenge. The issue pertains to the fixation of pay and granting of increments. According to the petitioner, he is entitled to maintain the fixation already made with the benefits of increments for the period he actually worked between 1982 to 1985. It appears that the respondent Corporation has taken a stand that the petitioner is not entitled to the benefits. It is not clear from the reply as to what is the basis of re-fixation and what is the mistake which had crept in the original fixation. 2 Therefore, we do not think that we should go into the merits of the case since we are persuaded by the one main submission made by the learned counsel for the petitioner that the re-fixation and recovery have been done without notice to the petitioner. Since the petitioner had enjoyed the benefits and the petitioner has been enjoying the benefits, if the same are to be interfered with, it is only appropriate that an opportunity is given to the applicant to the explain his stand. Therefore, we set aside the impugned orders, without prejudice to the liberty to the respondents, if so advised and if so required to take appropriate action with notice to the petitioner. The Writ Petition is disposed of. (Justice Kurian Joseph), Chief Justice April 6, 2010 (Justice R.B. Misra), (rks) Judge.