C.W.P. No.13417 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.13417 of 2010 Date of Decision: 27.09.2011 Vinod Kumar ....Petitioner Versus State of Haryana and others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Rajesh Khandelwal, Advocate for the petitioner. Mr. Anjum Ahmed, Addl. A.G., Haryana for the respondent-State. Mr. Gourav Mohunta, Advocate for respondents No.2 to 5. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Article 226 of the Constitution of India for issuance of a writ in the nature of prohibition restraining the respondents from effecting any recovery from the salary of the petitioner. The petitioner joined as Class-IV employee (Chowkidar) in the year 1992 with the respondents. In the year 1997, he was regularized and later his designation was changed from Chowkidar to Mechanical Helper. Petitioner claimed I.T.I. pay scale of Rs.4000-6000 which was granted to the petitioner by the respondents on 30.12.2004 with effect from the date of regularization i.e. 19.03.1997. Vide the impugned order dated 09.12.2005, the benefit conferred upon the petitioner has been withdrawn. Petitioner C.W.P. No.13417 of 2010 2 has, accordingly, filed this petition seeking a direction for restraining the respondents from making any recovery on the basis of impugned order (Annexure P-4). While impugning the said order, learned counsel for the petitioner submitted that the said order has been passed without issuing any Show Cause Notice and without hearing the petitioner. Learned counsel for the respondents does not dispute the said fact. Accordingly, without going into the merits of the case, the order dated 09.12.2005 is set aside with liberty to the respondents to pass a fresh order after complying with the provisions of natural justice in accordance with law. (NIRMALJIT KAUR) 27.09.2011 JUDGE gurpreet