High CourtsSingle Bench(2010) 12 SHI CK 0020

Baini Prashad Sharma vs Himachal Pradesh State Electricity Board and Another

High Court Of Himachal Pradesh · Decided on 13 December 2010

HON’BLE JUDGES
Rajiv Sharma, J
RESULT
Allowed
CASE NUMBER
CWP (T) No. 8691 of 2008

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Judgment

2 paragraphs · 198 words

Rajiv Sharma, J.—The pay of the Petitioner was fixed with effect from 1.1.1996 at Rs. 8275/- in the conversion of scale of Rs. 6100-9400 and further revised to Rs. 6300-10700 with effect from 9.1.1996. However, the same has been re-fixed on the basis of Annexure R-1, dated 26th February, 2000. Admittedly, the Petitioner has not been heard before the decision was taken to re-fix the pay of the Petitioner at Rs. 7500/- on on the basis of pay as on 31.12.1995 and thereafter at Rs. 8000/-. Petitioner has suffered civil and evil consequences since his pay has been reduced. He ought to have been heard before the decision was taken to re-fix his pay unilaterally.

2.

Accordingly, the petition is allowed. Annexure A-1, dated 3.1.2007 is quashed and set aside. In normal circumstances, Respondents were required to be given opportunity to proceed with the matter in accordance with law. However, in this case, the Petitioner has already retired from the Board on 31.12.2004. Petitioner will suffer immense hardships in case the Respondents are permitted to proceed with the matter. Consequently, the same is ordered to be closed. The pending application(s), if any, also stands disposed of. No costs.