CHUNI LAL Vs. FINANCIAL COMMISSIONER CUM SECRETARY REVENUE

JUDGEMENT

(1.) THE petitioners have prayed quashing of office order dated 31.12.2001 and a direction to the respondents to allow continuity of earlier promotion issued on 1.12.1998 with all consequential benefits. It has also been prayed that petitioners may be allowed the protection of their pay as a Junior Assistants under F.R. 27 or as a measure personal to them. THE further prayer is that respondents may be directed not to effect any recovery after 30.5.2001 whereby the promotion of the petitioners as Junior Assistants in the pay scale of ` 4400 -7000 ordered earlier vide office order dated 1.12.1998 has been withdrawn/cancelled wrongly, arbitrarily, unconstitutionally and illegally by respondent No.2 and merely placement as a Junior Assistant in the pay scale of ` 4400 ? 7000 has been allowed reducing the pay of the petitioners by two increments all of a sudden without assigning any reason and without following principle of natural justice as well as without calling for options.

(2.) THE petition has been contested by respondents by filing joint reply in which it has been stated that notifications dated 28.1.1998, 1.9.1998 and 31.5.2001 have been issued by the Finance (Pay Regulation) Department to the Government of Himachal Pradesh under proviso to Article 309 of the Constitution of India. It has been stated that the office has merely complied with these rules/orders. THE respondents have denied rest of the claim of the petitioners and have prayed for dismissal of the petition.

(3.) THE learned counsel for the petitioners has submitted that the Division Bench judgment in Narain Singh's (supra) is more nearer to the facts of the present case. THE Division Bench in that case has held as follows:-