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Judgment
Justice Rajiv Sharma, J.
C.M.P.(M) No. 1985 of 2011.
Heard.
In view of the grounds taken in the application, duly supported by an affidavit, the same is allowed. The delay in filing the present Letters Patent Appeal is condoned. The application stands disposed of.
L.P.A. No. 703 of 2011.
State has filed this Letters Patent Appeal against the judgment dated 01.12.2010, passed by the learned Single Judge in CWP(T) No. 10116 of 2008.
Material facts necessary for adjudication of this appeal are that the respondents were earlier promoted to the rank of Junior Assistants vide office order No. 275/99, dated 09.06.1999. However, the promotion order of the respondents as Junior Assistants in the pay scale of `4400-7000/- has been modified vide office order No. 44/2002, dated 16.01.2002. Their salary has been reduced by one to three increments due to impugned placement vide office order dated 16.01.2002. Petitioners approached the learned erstwhile Himachal Pradesh Administrative Tribunal by filing an Original Application. The same was transferred to this Court and was assigned CWP(T) No. 10116 of 2008. It was decided by the learned Single Judge on 01.12.2010. Learned Single Judge allowed the writ petition and quashed the letter dated 16.01.2002. However, liberty was reserved to the appellants (State) to proceed with the matter in accordance with law after hearing the petitioners either collectively or through their representatives.
We have gone through the pleadings of CWP(T) No. 10116 of 2008 as well as present Letters Patent Appeal.
Since the respondents had suffered civil and evil consequences, they were required to be heard before the issuance of impugned order dated 16.01.2002. The order dated 16.01.2002 was in violation of the principles of natural justice. There is no illegality in the judgment of the learned Single Judge dated 01.12.2010 since after quashing the order dated 16.01.2002, the liberty was reserved to the appellants (State) to proceed with the respondents-petitioners in accordance with law. Accordingly, there is no merit in this appeal and the same is dismissed, so also the pending application(s), if any. No costs.