SOBHA SOOD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has challenged the threatened recovery of about Rs. 35,000/ - by respondents from petitioner starting from March, 2001 on account of alleged wrong payment of annual increments for the period 16.06.1988 to 16.06.1995. The petitioner has also prayed a direction to respondents for releasing annual increments to petitioner for the period 16.06.1996 onwards and to pay interest at the rate of 18% on arrears accruing on account of annual increments.

(2.) THE facts, in brief, are that petitioner was appointed as Steno -typist in Education Department on the recommendation of Himachal Pradesh Public Service Commission (for short Public Service Commission) on 28.02.1987. The petitioner has placed on record her appointment letter dated 28.02.1987 along with its Annexure -A. The condition No.6 of Annexure -A provides that the candidate was required to qualify Hindi type test within six months from the date of joining, failing which the candidate would not be entitled for annual increments and his/her services were liable to be terminated. The condition No. 19 in Annexure -A of the appointment letter of the petitioner provides that she was to clear the test in Shorthand/typewriting in 18 months from the date of her appointment, failing which her services were liable to be terminated.

(3.) IN September, 1995, the petitioner was transferred from Palampur to Dharamsala. The petitioner was legitimately expecting annual increments on 16.06.1996 and thereafter, but the respondent No. 3 with -held the same illegally and without following the principles of natural justice. The action of with -holding increments for the period 16.06.1996 to 16.06.1999 is illegal.