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Judgment
Justice Rajiv Sharma, J.
CMP(M) No. 1965 of 2011.
Heard.
In view of the averments made 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. 678 of 2011
State has filed this Letter Patent Appeal against the judgment dated 01.12.2010, passed by the learned Single Judge in CWP(T) No. 11634 of 2008.
Material facts necessary for adjudication of this appeal are that the pay of the respondents was fixed vide office order dated 13.07.2001. However, the order dated 13.07.2001 has been superseded vide office order dated 07.02.2004 and the salary of the respondents has been re-fixed in the lower pay scale of Rs. 4020-6200/-instead of Rs. 4400-7000/-. Respondents/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. 11634 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 07.02.2004. 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. 11634 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 07.02.2004. The order dated 07.02.2004 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 07.02.2004, 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). No costs.