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2011 DIGILAW 1558 (HP)

Dev Rani Chadha v. State of H. P.

2011-03-21

DEEPAK GUPTA

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JUDGMENT Deepak Gupta, J. This petition was filed by late Sh.Paras Ram Chadha who has unfortunately expired and his legal heirs have been brought on record. The petitioner joined service as Trained Graduate Teacher in the Education Department in the State of Himachal Pradesh. When he was close to his retirement, he was regularized as Project Officer w.e.f. 1.2.1984. Two other persons namely Prem Nath Anand and Krishan Gopal Sharma filed an Original Application before the Tribunal claiming that the Project Officers were entitled to the pay scale of Rs.1200-1700 on the Punjab Pattern. This Original Application was allowed by the erstwhile H.P State Administrative Tribunal. The State went in appeal and the Apex Court disposed of the appeal on 28.2.1997 in the following terms:- “In the facts and circumstances of the case, it appears appropriate to us, that the benefit of the pay scale of Rs.1200-1700/-, which has been revised to Rs.2000-3500/-, as per notification dated 18.3.1996 be made available to the respondent with effect from 1.5.1984, i.e., after the Chief Minister had agreed in principle to revise it on 24.4.1984 and not from any earlier date.” The order of the Tribunal was only modified with regard to the date from which this claim was payable. Thereafter, a number of other persons also filed Original Applications which were allowed by the Tribunal. The petitioner also represented to the respondent for the first time vide his application dated 12.7.1991 for the grant of pay scale of Rs.1200-1700 w.e.f. 1.4.1981. He was informed that the matter was under consideration of the Apex Court and action could be taken after the decision by the Apex Court. The Apex Court decided the matter in the year 1997 and thereafter, the petitioner again represented but no relief was granted to him and he filed the present petition on 10.9.1998. It would be pertinent to mention that the original petitioner retired from service on 31.12.1986 but his pension would definitely be enhanced if he is granted relief. The case of the petitioner is squarely covered by the judgment of the Apex Court, relevant portion of which is quoted here-in-above. It would be pertinent to mention that the original petitioner retired from service on 31.12.1986 but his pension would definitely be enhanced if he is granted relief. The case of the petitioner is squarely covered by the judgment of the Apex Court, relevant portion of which is quoted here-in-above. In fact, it is also apparent from Annexure A/2 that the persons who were junior to the petitioner and approached the Tribunal in the year 1997 were also held entitled to the same pay scale from May 1, 1984 or from the date of their appointment as Project Officers whichever is earlier. The original petitioner should have also been granted the same benefit. The petitioner retired in the year 1986 and had not raised this issue till 1991. The limitation for filing an Original Application before the Administrative Tribunal was 1½ years from the date of representation. Since the petitioner had filed the representation on 12.7.1991, he can only be held entitled to actual monetary benefits from 1.1.1990. The petition is accordingly allowed and it is directed that the pay scale of Rs.1200-1700 be granted to the original petitioner w.e.f. 1.2.1984 and thereafter, w.e.f. 1.1.1986, he be placed in the pay scale of Rs.2000-3500 with all consequential benefits including that of re-fixation of his retiral benefits, pension etc. It is however made clear that the actual monetary benefits shall be calculated only w.e.f. 1.1.1990 which shall be paid to the petitioners alongwith interest @ 6% per annum on or before 31st August, 2011 failing which the State shall be liable to pay interest @ 12% per annum. The petition is disposed of in the aforesaid terms. No order as to costs.