LAWS(HPH)-2010-12-90

ASHWANI KUMAR DUTTA Vs. STATE OF HIMACHAL PRADESH

Decided On December 02, 2010
ASHWANI KUMAR DUTTA Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THE Assistant Development Officers (Agriculture) were conferred the Gazetted status as per notification dated 10.5.1988. THE petitioner was released the pay scale of '10025-15100 on completion of eight years of service vide notification dated 5.11.1999. However, the same was withdrawn on the basis of corrigendum dated 9.1.2001.

(2.) MR. Dilip Sharma, Advocate has strenuously argued that the petitioner was not afforded reasonable opportunity of being heard before the issuance of corrigendum dated 9.1.2001. He then contended that his client was eligible for the release of pay scale of '10025-15100 as per Annexure A-2 dated 18.7.1992.

(3.) THE petitioner has been granted the pay scale of '10025- 15100 on completion of eight years of service on 5.11.1999. THE petitioner has neither misrepresented nor misled the authorities at the time of release of this pay scale. THE scale was granted to the petitioner on 5.11.1999. THE petitioner was not heard before the issuance of corrigendum dated 9.1.2001. THE petitioner has suffered severe civil and evil consequences after the issuance of corrigendum dated 9.1.2001. He was required to be heard before the issuance of letter dated 9.1.2001.