2026:UHC:2412 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 219/2023 Hon’ble Manoj Kumar Tiwari, J. Ms. Soniya Chawla, Advocate, for the petitioner. Mr. R.C. Joshi, Brief Holder, for the State. Mr. Sandeep Kothari, Advocate, for the GMVN. (2) Petitioner is an employee of Garhwal Mandal Vikas Nigam Ltd. He was given Grade Pay of ₹5400 as 2nd ACP, vide order dated 30.3.2017. The said order was, however, modified on 29.9.2018 and petitioner’s Grade Pay was downgraded to ₹4800. Petitioner contends that not only his Grade Pay has been downgraded but the amount allegedly paid in excess to him, pursuant to order dated 30.3.2017, is also being sought to be recovered from him. (3) Learned Counsel for the petitioner contended that neither any notice nor any opportunity of hearing was afforded to petitioner prior to modifying the earlier order dated 30.3.2017. He further contended that subsequent order passed on 29.9.2018 entails civil consequences, inasmuch as petitioner has been divested of his right to get Grade Pay ₹5400. It is thus submitted that principles of natural justice was required to be followed and the action taken against the petitioner, having been taken in utter disregard thereof, is unsustainable. (4) Mr. Sandeep Kothari, learned Counsel appearing for GMVN, could not give any satisfactory reply as to whether, before 2026:UHC:2412 modifying the earlier order dated 30.3.2017, notice was given to petitioner or not. (5) Having regard to facts and circumstances of the case, this Court has no option but to accept the contention raised by learned Counsel for the petitioner that no notice or opportunity of hearing was given to petitioner before modifying the order dated 30.3.2017. Since the modification of earlier order dated 30.3.2017, vide subsequent order dated 29.9.2018, has resulted in diminution of petitioner’s salary, therefore, petitioner was required to be heard. Since this was not done, therefore, on this short point alone, writ petition deserves to be allowed and is hereby allowed. Impugned orders are set aside. Managing Director, Garhwal Mandal Vikas Nigam Ltd., however, shall be at liberty to pass fresh order in the matter, but only after hearing the petitioner. (Manoj Kumar Tiwari, J.) 6.4.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602 ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806A CCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.04.06 17:01:51 +05'30' 2026:UHC:2412