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2010 DIGILAW 834 (HP)

State Of H. P. v. Colonel (Retried) Punjab Singh

2010-05-19

KURIAN JOSEPH, SURJIT SINGH

body2010
JUDGMENT : Surjit Singh, J. (Oral) :- This Letter Patent appeal is directed against the judgment, dated 9.9.2001, of learned ingle Judge, whereby allowing the writ petition, filed by respondent Colonel (Retired) Punjab Singh, a direction has been given by the learned Single Judge to the present appellants to refix the pay of the respondent, in revised pay scale at Rs. 17100 instead of Rs. 15100, as on 1.1.1996. 2. Petitioner was serving as Colonel in the Indian Army, prior to his engagement as Director Sanik Welfare Department. According to him, he was drawing pay of Rs. 5100/- plus rank pay of Rs. 1000/- per month, when he retired from Army and, therefore, his pay on appointment as Director, Sanik Welfare Department, in December, 1993, ought to have been fixed at Rs. 6100/- and by increase, on account of annual increments, this pay was to rise to Rs. 6400/- by the time, when new payscales, effective from 1.1.1996, were enforced. He pleaded that his pay in the revised scale was fixed at Rs. 5100/- only, instead of Rs. 6100/-. 3. We have heard the learned Additional Advocate General as also the learned counsel for the respondent and gone through the record. 4. Learned Single Judge has observed in his judgment that there is an admission by the present appellants, in reply to the writ petition, that initial pay of the respondent was required to be fixed at Rs. 6100/-, but by mistake it was fixed at Rs. 5300. We have seen the reply. It is clear from the reply that what was stated by the appellants was that the pay of the respondent as on 1.1.1996 ought to have been shown as Rs. 6100/- in stead of Rs. 5300/- in the old (unrevised) scale. Therefore, to that extent the order of the learned Single Judge is contrary to the record. Consequently, we allow the appeal partly and modify the relief part as follows. 5. Salary of the respondent as on 1.1.1996 in the revised pay scale shall be refixed by treating his pay as Rs. 6100/- on 1.1.1996, instead of being treated as Rs. 6400/- in the old scale. With this modification only, appeal is disposed of.