NARESH KUMAR PRASHAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petition has been filed on the following prayers vide para 7 (i) and (ii):

(2.) IN reply on behalf of the Respondents, the following stand has been taken vide para 6 (iii):

(3.) IT need not be emphasized that rules and regulations are made for advancement of substantial justice and not to thwart the same. In the present case, the Petitioner was indisputably entitled for grant of new pay scale effective from 1.1.1986. As is the common experience that such scales though relate back to a particular year, in fact, are released much later. In this case also, it appears that the pay scales effective from 1.1.1986 were released much later. In such situation, it may be that the Petitioner could not exercise the requisite option well within time and resultantly her earlier option was taken into consideration. Be as it may be the Petitioner cannot be denied the benefit of the revised pay scale for this procedural lapse.