Ramesh Chand Sharma vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition is filed with the following prayer:

That impugned orders dated 5.5.1999 (Annexure A/1) and dated 10.7.2000 (Annexure A/2) may be quashed and set aside qua the applicant and his earlier designation as Junior Assistant by order dated 9.4.1997 (Annexure A/3) may be ordered to be maintained and the revised pay fixed vide office order Annexure A/5 may be also maintained and the Respondents may be further directed not to effect any recovery from the monthly salary of the applicant.

In the reply, it is stated as follows:

The applicant was appointed as Clerk in the Settlement Department on 28.1.87. After completion of 10 years service on 29.1.97, the Settlement Officer, Kangra Division at Dharamshala designated the applicant (Ramesh Chand) as Junior Assistant w.e.f. 29.1.97 in the pay scale of Rs. 1500-2700 (pre revised scale) against vacant post which was meant for Sh. Chaman Singh, senior Clerk who is senior to the applicant. Sh. Chaman Singh, senior Clerk had not been designated as junior Assistant from the due date because he was charge-sheeted on that date and charge-sheet case was under enquiry. But while granting junior Assistant scale to Sh. Ramesh Chand, the matter of Sh. Chaman Singh was not kept in view. The junior Assistant scale was granted to the applicant inadvertently by the Settlement Officer, Kangra Division. In the meantime, the charge-sheet case of Sh. Chaman Singh was decided and a penalty of ''Censure'' was imposed upon him vide order No. Rev. (ST) SML/B/98-174 dated 21.4.98 annexed as Annexure R-I. In the meeting of Departmental Promotion Committee held on 25.2.99 the case of Sh. Chaman Singh was considered by the Departmental Promotion Committee and he was found fit for the post of junior Assistant w.e.f. 16.11.93, the date on which he completed 10 years of service as clerk/senior clerk. In view of this, the scale of junior assistant to Sh. Ramesh Chand, senior Clerk was granted w.e.f. 1.1.96 instead of 29.1.97 against the vacant post in the pay scale of Rs. 4400-7000 and the pay scale of Rs. 5000-8100 earlier granted to the applicant has rightly been withdrawn as per instructions issued by the Finance Department vide Notification No. Fin (PR) B (7)-1/98 dated 1.9.98 annexed as Annexure-R-II vide this office order No. Rev. (ST) SML/B/99-332 dated 5.5.99 annexed as Annexure R-III.

The main contention taken by the Petitioner is that no notice whatsoever was issued to the him. To that extent there is no dispute. Since the Petitioner has been enjoying the pay scale already granted to him before re-fixation, he should have been put a notice. Therefore, this writ petition is disposed of quashing the impugned order, but without prejudice to the liberty to competent authority to take appropriate action after affording an opportunity of hearing to the Petitioner.