G.S.GULERIA Vs. STATE OF H.P.

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated 27.3.2012 passed by Engineer-in-Chief, I & PH Department, Shimla, H.P., whereby a sum of Rs. 88,838/- has been ordered to be deducted from the arrear of revised pay scale of the officer i.e. petitioner, petitioner has approached this Court in the instant proceedings, praying therein following reliefs:-

(2.) Certain undisputed facts, which are necessary for adjudication of the case are that initially petitioner joined services as Assistant Engineer in the respondent department on 23rd January, 1979. Person namely, Sh. Rajesh Kamal Sharma also joined the post of Assistant Engineer as Direct Recruit on 28.7.1981. On 1.7.2009, final seniority list as it stood on 31.12.2008 was circulated by the respondent department, wherein name of the petitioner finds mention at Sr. No.7, whereas above named person Sh. Rajesh Kamal Sharma at Sr. No.13 of the seniority list.

(3.) It is not in dispute that subsequently both the petitioner as well as person namely, Sh. Rajesh Kamal Sharma were promoted as Superintending Engineer in the I & PH Department. On 30.6.2010, petitioner retired from the respondent department, but on 12.10.1999 he after having come to know that person namely, Sh. Rajesh Kamal Sharma, who was junior to him is drawing higher salary, represented the competent authority, praying therein for stepping up of his salary qua Sh. Rajesh Kumar Sharma.