DHANI RAM Vs. HPSEB

JUDGEMENT

(1.) THE writ petition is filed with the following prayer: i) That the Respondents be directed to grant benefit of stepping up his salary to Rs.10,000/ - per month w.e.f. 30.4.2000 in the pay scale of Rs. 7000 -11,750/ - i.e. equal to the basic pay being drawn by his junior namely Sh. Parkash Singh Chandel,Respondent No. 3 under the provisions of F.R. 27 considering his case as a case of hardship and also as per the instructions contained in Office Memorandum dated 16.9.2004 (Annexure:A/7)) of Respondent No. 1.

(2.) IT is not in dispute that the Petitioner is senior to Shri Parkash Singh Chandel, the third Respondent. But the crucial point as is discernible from the writ petition is that the Petitioner got the benefit of FR -22 in the pre -revised scale whereas Parkash Singh Chandel got it in the revised scale. Annexure RA -II, Office Memorandum dated 6.12.1994 is intended to rectify such anomaly. The relevant portion read as follows:

(3.) IT is the case of the Petitioner that his cause of action arose only on 1.1.2001 when alone the Petitioner was put in a situation of drawing lesser pay than the third Respondent and thereafter he has taken up the matter. Till 1.1.2001, the private Respondent was either drawing lesser pay or at least the same pay. Admittedly, the Petitioner has taken steps after the cause of action arose for him. If that be so, the case has to be examined as stated in the Office Memorandum, referred to above.