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Himachal Pradesh High Court · body

2021 DIGILAW 690 (HP)

Chuni Lal Kashyap, Son of Kotho Ram v. State of Himachal Pradesh through Its Chief Secretary

2021-09-10

AJAY MOHAN GOEL

body2021
JUDGMENT : Leaned counsel for the petitioner has drawn the attention of the Court to annexure P-1, i.e. communication dated 10.07.2017 and by referring to the same, he has submitted that the case of the petitioner stands rejected by way of a non-speaking order, as no reasons are contained in order dated 10.07.2017, as to what weighed with the Finance Department while rejecting the case of the petitioner. 2. Learned Additional Advocate General submits that the reasons are clearly borne out from the documents which are on record and as the post held by the petitioner was not at par with that of Assistant Engineer be it in the IPH Department or Himachal Pradesh Public Works Department, therefore, he was not entitled for the fourth year pay structure as is being claimed by the petitioner. 3. This Court is of the considered view that an administrative authority while passing an order on a representation of party, has to pass a reasoned and speaking order. It is well settled law that even an administrative order which has civil consequences, has to be a reasoned one and herein because vide order dated 10.07.2017 the prayer of the petitioner for grant of fourth year pay structure stands denied, but obvious, it has civil consequences as far as the petitioner is concerned, therefore, reasons ought to have been assigned therein. 4. In these circumstances, without going into the merit of the respective contentions of the parties, this petition is disposed of by setting aside Annexure P-1, i.e. order dated 10.07.2017 on the ground of same being a non speaking order, with direction to the respondent-authorities to rehear the grievance of the petitioner and thereafter pass a reasoned and speaking order upon the same. 5. Principal Secretary (Language and Cultural Department) to the Government of Himachal Pradesh, is hereby directed to pass a speaking and reasoned order after giving personal hearing to the petitioner and the same be definitely passed within a period of six weeks from today. 6. The Court observes that the contentions raised by the petitioner be sympathetically considered by the said respondent and it goes without saying that in case the petitioner is still aggrieved by the order so passed, then he shall be at liberty to have such recourse against it as is permissible in law. 7. Petition stands disposed of, so also pending miscellaneous applications, if any.