Shri J. K. Mohindru vs State of Himachal Pradesh

Justice Sanjay Karol, J.—Petitioner has prayed for the following relief:-

"i). That the present original application may be accepted and the pay of the applicant may be re-fixed in the cadre of Junior Engineer by giving him the benefit of stepping up vis-�-vis his juniors and thereafter the pay of the applicant be fixed in accordance with the Rules in the cadre of Assistant Engineer. The arrears be calculated and be paid to the applicant along with interest at the rate of 24% per annum."

Record reveals that petitioner Sh. J. K. Mohindru was appointed as Junior Engineer. He joined on 9.11.1968. Subsequently on the same post, Sh. Handu Ram joined on 1.10.1973 and Sh. Kirpal Singh Bedi joined on 7.4.1971. Evidently petitioner was placed higher than Sh. Handu Ram and Sh. Kirpal Singh Bedi in the seniority list pertaining to the Junior Engineers which is a non gazetted post.

For the next promotional post i.e. Assistant Engineer, Sh. Handu Ram was promoted on 24.6.1982 and Sh. Kirpal Singh Bedi, on ad hoc basis, was promoted on 15.6.1986. Subsequently on his own turn, petitioner was appointed as Assistant Engineer on 13.4.1999. Record reveals that Sh. Kirpal Singh Bedi and petitioner Sh. J. K. Mohindru were regularized on the post of Assistant Engineer on 13.4.1999.

As per the seniority list pertaining to the post of Assistant Engineer as circulated by the respondents, Sh. Kirpal Singh Bedi is placed at Sr. No. 132, Sh. Handu Ram is placed at Sr. No. 137 and petitioner is placed at Sr. No. 106. Thus respondents accepted petitioner to be senior to persons who were junior to him in the lower post.

Resultantly petitioner requested for grant of stepping up of his pay vis-�-vis his juniors i.e., Sh. Handu Ram and Sh. Kirpal Singh Bedi. Such request was turned down by the respondents. Respondents have pleaded that benefit of higher pay stands withdrawn in the case of Sh. Handu Ram and in the case of Sh. Kirpal Singh Bedi the amount was disbursed as he was given four tier pay scale during 1.1.1996, after completion of nine years of service.

However, record reveals that action for recovery of the amount, initiated against Sh. Handu Ram stands quashed in judicial proceedings and as such he stands benefited by the grant of higher pay scale. Petitioner and Sh. Kirpal Singh Bedi were regularized on the same date. There is no justification with regard to not stepping up the pay of the petitioner at par with the pay being paid to Sh. Handu Ram or Sh. Kirpal Singh Bedi as undisputedly both of them were junior to the petitioner as Junior Engineer and were placed junior to him in the seniority list circulated for the post of Assistant Engineer. Consequently present petition needs to be allowed. Respondents are directed to re-fix the pay of the petitioner in the cadre of Assistant Engineer by giving him benefit of stepping up vis-�-vis his juniors. Needful be positively done within a period of three months from the date of receipt of certified copy of the judgment. All consequential action, including disbursement of monetary benefits, as may be found due, be also taken within the aforesaid period, failing which, then thereafter, petitioner shall be entitled to interest thereupon @ 9% per annum which shall personally be recovered from the erring official(s).

Petition stands disposed of, so also the pending application(s), if any.