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Rama Gautam Vs State of Himachal Pradesh and Others

Case No: CWP (T) No. 11405 of 2008

Date of Decision: Dec. 22, 2010

Hon'ble Judges: Rajiv Sharma, J

Bench: Single Bench

Final Decision: Allowed

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Judgement

Rajiv Sharma, J.@mdashThe Petitioner was granted higher pay-scale vide office order dated 23rd May, 2003. However, the same has unilaterally

been withdrawn vide order dated 14th October, 2003 (Annexure A-1). The Petitioner has neither been issued any show cause notice nor has she

been afforded ample opportunity of being heard before issuance of order dated 14th October, 2003, Annexure A-1. Since the salary of the

Petitioner has been reduced, that too, unilaterally, she has suffered civil and evil consequences.

2. Consequently, the petition is allowed. Annexure A-1, dated 14th October, 2003 is quashed and set aside. However, liberty is reserved to the

Respondents to proceed with the matter in accordance with law. Further, the Respondents are directed to pay and release to the Petitioner the

salary for vacation period in view of the principles laid down by this Court in Baldev Singh and Ors. v. State of H.P. and others, CWP No. 415 of

2000, decided on 1st September, 2008, which has been up-held by the Hon''ble Supreme Court. Needful be done within a period of two months

from the date of production of a certified copy of this judgment by the Petitioner. The pending application(s), if any, also stands disposed of. No

costs.