IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 11340/2008 Decided on:11.3.2011 _____________________________________________ Krishna Devi. …Petitioner. Versus State of Himachal Pradesh and others.…Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the petitioner : Mr. B.S. Ranjan, Advocate. For the Respondents: Mr. Anshul Bansal, Addl. A.G. with Mr. R.P. Singh, Asstt. A.G. _____________________________________________________ Rajiv Sharma, Judge (oral). Petitioner was appointed as Trained Graduate Teacher on contract basis on 28.7.1997. She was granted revised pay scale on the basis of Annexure A-2 dated 2.8.2003. She received enhanced pay as per Annexure A-2. However, vide Annexure A-1 dated 11.11.2003, Annexure A-2 dated 2.8.2003 has been withdrawn and the pay of the petitioner has been reduced. She has not been heard before the issuance of Annexure A-1. She has suffered civil and evil consequences. It is settled law by now that any order, which 1 Whether reporters of the local papers may be allowed to see the judgment? No 2 has civil and evil consequences must be passed in conformity with the principles of natural justice. 2. Their Lordships of the Hon’ble Supreme Court have held in Rajesh Kumar and others versus Dy. CIT and others, 2007 (2) SCC 181 that when by reason of an action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice are required to be followed. Their Lordships have held as under: “26. Effect of civil consequences arising out of determination of lis under a statute is stated in State of Orissa v.Dr. (Miss) Binapani Dei and Ors. (1967 (2) SCR 625). It is an authority for the proposition when by reason of an action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice are required to be followed. In such an event, although no express provision is laid down in this behalf compliance of principles of natural justice would be implicit. In case of denial of principles of natural justice in a statute, the same may also be held ultra vires Article 14 of the Constitution.” 3. Accordingly, the petition is allowed. The impugned order Annexure A-1 dated 11.11.2003 is quashed and set aside. However, liberty is reserved to the respondents to proceed with the matter in accordance with law. No costs. (Rajiv Sharma), Judge. 11.3.2011*awasthi*