NEENA PATHANIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER 'shusband was an ex -serviceman. He was enrolled in the Indian Army on 27th September, 1963. He joined as Junior Basic Trained Teacher on 1st October, 1969. He died in harness on 4th December, 1995. His pay was fixed by giving him the benefit of approved military service as per instructions issued by the Himachal Pradesh Government vide letter dated 16th November, 1993 (Annexure A -2). However, the same was withdrawn on 26th April, 1995 vide Annexure A -3. The pay of petitioner 'shusband was again re -fixed by giving him the benefit of approved military service vide Annexure A -6, dated 26th April, 1999. However, the fact of the matter is that the same has been withdrawn vide Annexure A -7, dated 19th June, 1999.

(2.) MR . Sanjay Jaswal, learned counsel for the petitioner has strenuously argued that the respondents have not issued any show cause notice to the petitioner before the issuance of letter dated 19th June, 1999.

(3.) I have heard the learned counsel for the parties and gone through the pleadings carefully.