JAGDISH SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) AN Original Application No. 1397 of 2005 was filed by the Petitioner under Section 19 of the H. P. State Administrative Tribunal Act, 1985 before the Erstwhile Tribunal, seeking following reliefs:

(2.) ANOTHER Original Application bearing No. 1586/2005 was filed by the Petitioner seeking the following reliefs:

(3.) THE factual matrix giving rise to these petitions can be stated thus. The Petitioner herein, after his retirement from the Army service, joined Respondent department as Operation Theatre Assistant (OTA) against the Ex -servicemen quota. His initial appointment on 18.4.1994 was in Civil Hospital Jubbal. It is contended that the Petitioner was selected in general category on the basis of his merit, yet he gave his option for his inclusion in Ex -servicemen category. The Petitioner was granted pay scale of Rs. 5480 -8925 w.e.f. 1.1.1996 as per Annexure A4. But a corrigendum was issued on 31.12.1998 placing him in the pay scale Rs.1200 -2130; Rs. 1365 -2410 (un -revised) and Rs. 3330 -6200 (revised). The contention of the Petitioner is that he was rightly fixed in the pay scale of 5480 -8925 but w.e.f. 1.1.1996 he never misrepresented and misled the Respondent department for granting the aforesaid pay scale. However, his pay was suddenly changed and re -fixed vide Annexure A6 in February, 2004 on the lower side, substantially lowering his scale and Respondent Department issued the office order Annexure A8 dated 15.3.2005 revising his pay which entail the recovery as per Annexure A9 without any show -cause notice or hearing to him.