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2011 DIGILAW 1042 (HP)

Surinder Singh Chauhan v. State of HP

2011-03-08

DEEPAK GUPTA

body2011
JUDGMENT 1. By means of this petition, the petitioner has prayed for the grant of following reliefs:- “That the impugned order dated 8.6.2002, Annexure A-5 as also memo dated 7.2.2005, Annexure A-8 may kindly be quashed and set aside. That the respondent department may be restrained from effecting any recoveries from the salary of applicant on account of alleged over payment of arrears of pay for the period from 1.4.1994 to 3.8.1998.” 2. No reply has been filed in this case, but it is apparent from the record that prior to his regularization as lecturer in school cadre, the petitioner was working as lecturer on tenure basis in the college cadre. 3. From the record it is apparent that before passing the impugned orders Annexures A-5 and A-8 notice was not issued to the petitioner, therefore the petition has to be allowed on this short ground alone. 4. In view of the aforesaid discussion, the orders dated 8.6.2002 Annexure A-5 and memo dated 7.2.2005 Annexure A-8 are quashed and set aside with liberty to the respondents to reconsider the matter afresh after giving notice to the petitioner in accordance with the rules and natural justice. Petition is disposed of in the aforesaid terms. No costs.