BHAGI RATH Vs. H.R.T.C.

JUDGEMENT

(1.) THE Petitioner has prayed for quashing of Annexure PC office order dated 10.7.1989, Annexure PD office order dated 9.5.1991 fixing the pay of the Petitioner, Annexure PE office order dated 10.12.1991 re -fixing the pay of the Petitioner, Annexure PF office order dated 9.3.2005 fixing the Petitioner in the pay scale of Rs. 3120 -6200 after proficiency step up and Annexure PG office order dated 14.3.2005 again re -fixing the pay of the Petitioner. A direction has been sought against the Respondents to re -fix the pay of the Petitioner. The Petitioner has claimed interest at the rate of 12% per annum on the arrears.

(2.) THE brief facts of the case are that the Petitioner was appointed as Conductor in the Mandi - Kullu Road Transport Corporation on 23.6.1970. The Mandi -Kullu Road Transport Corporation merged with Himachal Government Transport. Thereafter, Himachal Road Transport Corporation (for short 'HRTC ') was established and the services of the Petitioner were transferred to HRTC with all service benefits admissible under the rules.

(3.) THE pay of the Petitioner was again re -fixed vide office order dated 10.7.1989 Annexure PC at Rs. 495/ - in the pay scale of Rs. 400 -600 by allowing efficiency bar w.e.f. 1.5.1984 with next increment due on 1.6.1984, even though, that stage had already passed in the year 1982. This resulted wrong and incorrect fixation of pay of the Petitioner. The pay of the Petitioner was to be fixed at Rs. 555/ - w.e.f. 1.1.1985 whereas it has been fixed at Rs. 525/ - w.e.f. 1.4.1989 in Annexure PC. The pay of the Petitioner was not fixed in accordance with the procedure laid down in the rules.