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2011 DIGILAW 1859 (HP)

Alok Walia v. State of Himachal Pradesh

2011-03-31

V.K.SHARMA

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JUDGMENT V.K.Sharma, Judge The petition has been filed on the following prayers vide para 7(i) and (ii):- “(i) That the order dated July, 2002 ANNEXURE-A/1 reducing the pay scale and the basic pay of the applicants from Rs.4400-7000 to Rs.4020-6200 from 1.1.1996 may kindly be quashed and set-aside. (ii) That the impugned orders of reduction in scale, reduction in basic pay and order of recovery vide ANNEXURES-A/3 and A/5 may kindly be quashed and set-aside.” 2. In reply, the respondents have taken the following stand vide paras 6(i) & (ii), (iv), (v) and (vi):- “(i) & (ii) In reply to these sub-paras it is submitted that the applicants namely Sh. 1 Whether reporters of the local papers may be allowed to see the judgment? No. Alok Walia and Shri Niku Ram were appointed as Clerk in the replying respondents department on 22.8.1988 and 3.3.1987 & they were redesignated as Senior Clerk on 22.8.1993 and 3.3.1992 in the pay scale of Rs. 1200-2130 (Now Rs.4020-6200) respectively. It is empathically denied that the applicants were ever placed/re-designated as Junior Assistant. (iv) That the contents of this sub-para are admitted to the extent that the Finance Department of Govt. of H.P. issued clarification regarding bifurcation of Cadre of Clerks vide their letter No. Fin.(PR)B(7)1/98-III dated 3.11.2001 (copy of which is already enclosed with the original application as Anenxure-A-6) which also included the procedure of the recovery from the Junior Assistant who were promoted as per earlier instructions of the Govt. and later on the posts of Junior Assistants were ordered to be filled up by placement. (v) That the contents of this sub-para admitted to the extent that as per instructions of the Finance Department of H.P. Govt. at Annexure R-III, the Senior Clerks in the pay scale of Rs.1200-2130 as on 1.1.1996 were protected in the revised pay scale of Rs.4020-6200 as measures personal to them. It was also decided by the Govt. that the posts of Junior Assistant shall be filled up by placement to the extent of 100% out of the clerks who have an experience of working as such for a period of minimum five years in the cadre of the department in which they are working at the time of placement, as per annexure R-1. Rest of the contents of this sub-para are denied. Rest of the contents of this sub-para are denied. (vi) That the contents of this sub para are denied as the applicants being Senior Clerks in the pre-revised Scale of Rs.1200-2130 as on 1.1.1996 were earlier protected in the pay scale of Rs.4400-7000 as per annexure R-I and not placed/redesignated as Junior Assistants and their pay under FR-22(i)(a)(i) was not fixed. Subsequently as per Finance Department of H.P. Govt. addendum dated 6.8.2001 at Annexure R-2. It is further submitted that the Senior Clerks working in the re-revised scale of Rs.1200-2130 as on 1.1.1996 were protected in the revised pay scale of Rs.4020-6200 and recovery of over payment was ordered to affected, accordingly.” 3. In view of the above reply, in case the petitioners still have any surviving grievance, they shall be free to make representations along with copy of this judgment to respondents/competent authority within one month from today, who shall consider the same and take a final decision in the matter within next three months in accordance with law, after affording an opportunity of being heard to the petitioners, if so desired. 4. The petition, as also pending CMP(s), if any, stand disposed of.