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2011 DIGILAW 1078 (HP)

Chaman Lal Pathania v. State of H. P.

2011-03-08

KURIAN JOSEPH, SANJAY KAROL

body2011
JUDGMENT Kurian Joseph, C.J. The writ petition is filed with the following prayers: “(i) That the respondents may be directed to take into consideration the period of service of the applicant from 1.5.1985 to 31.5.1989 for the purposes of fixation of pay, grant of other service benefits available under the service rules and to refix his pay from the date of his regularisation in service as a Shastri Teacher and to pay him the arrears of salary resulting therefrom along with interest at the rate of 12% per annum from the date due till the actual date of payment thereof; (ii) That the respondents may be further directed to grant to the applicant prop increments as well as the senior scale of pay from the date of his having completed 8 years and 16 years of service as a Shastri Teacher and to release the arrears resulting therefrom along with interest at the rate of 12% per annum from the date due till the actual date of payment thereof; (iii) That the respondents may be further restrained from lowering the pay scale of the applicant from Rs.1640-2925 to Rs.1500-2640 or from making any recoveries on the basis thereof as the condition of possessing TGT qualification could not and should not be imposed upon inservice Shastri Teachers like the applicant.” 2. It is seen that the very same issue has been considered by the learned Single Judge of this Court in CWP No. 4833/2008. In the said judgment, it has been made clear that any change in the pay scale will be effective only after issuing notice and affording an opportunity for hearing to the petitioner. Therefore, the writ petition is disposed of making it clear that in case any such steps for reduction of pay scale are taken, the petitioner shall be put to notice and afforded an opportunity for hearing and thereafter a speaking order shall be passed.