PROMILA VAIDYA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner has prayed for quashing, setting aside memo dated 18.05.2006 Annexure PA fixing the pay of the Petitioner at Rs. 17,250/ - instead of Rs. 18,600/ -. It has also been prayed that the Respondents 1 to 3 may be directed not to issue any instructions/directions to Respondent No. 4 that the last pay of the Petitioner has been reduced to Rs. 17,250/ - instead of Rs. 18,600/ - and reduce her pension and retrial benefits. It has also been prayed that the Respondents may be directed not to re -fix the pension of the Petitioner on the basis of pay at Rs. 17,250/ - instead of Rs. 18,600/ - with further directions to the Respondents not to recover any amount from the pension of the Petitioner.

(2.) THE brief facts of the case are that Petitioner was drawing her basic pay at Rs. 4,375/ - plus Rs. 900/ - NPA in the pre -revised scale of Rs. 3,700 -5,300/ - as on 31.12.1995. The pay of the Petitioner was revised in accordance with her option from existing pay scale of Rs. 3,700 -5,300/ - to the revised pay scale of Rs. 14,300 -18,150/ -. The pay of the Petitioner in the revised pay scale was fixed at Rs. 15,100/ - on 01.01.1996. The Petitioner was drawing her salary un -interruptedly till she received memo dated 08.08.2001 issued by Respondent No. 3 re -fixing her pay to her detriment on 01.01.1996. The pay of the Petitioner as on 01.01.1996 was re -fixed at Rs. 14,300/ - instead of Rs. 15,100/ -.

(3.) THE Respondent No. 3 issued another show -cause to the Petitioner. The show -cause notice was replied on 25.08.2005. The Petitioner retired from government service on attaining the age of superannuation on 31.12.2003. The Respondent No. 4 vide letter dated 20.01.2004 allowed the pension to Petitioner on average emoluments of Rs. 22,744/ - with effect from 01.01.2004 and death -cum -retirement gratuity Rs. 3,50,000/ - without making any deduction from this amount against alleged excess amount paid on account of alleged fixation of pay from 01.01.1996 to 31.12.2003. The order dated 12.11.2002 in OA (M) No. 359 of 2001 has become final and, therefore, pay of the Petitioner could not be reduced to Rs. 17,250/ - with effect from 01.12.2003 instead of Rs. 18,600/ -. The Respondent No. 3 was not competent to pass order in view of decision of OA (M) No. 359 of 2001.