INDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner has prayed mainly the following reliefs:

(2.) THE brief facts of the case are that Petitioner retired as Chief Medical Officer, Bilaspur on 30.04.2006. As Medical Officer, the pay of the Petitioner was revised with effect from 01.01.1996 vide order dated 21.09.1998 in the pay scale of Rs. 14,300 -18,150/ - and was fixed at Rs.15,100/ - plus NPA. The pay of the Petitioner was reduced by Respondent No. 3 to Rs. 14,300/ - plus NPA with effect from 1.1.1996 vide Office Order dated 23.07.2001 without serving any show cause notice to the Petitioner.

(3.) THE Respondents 1 to 4 have contested the petition by filing joint reply. It has been stated that while disposing of OA No. 2463 of 2003, the Tribunal had passed the order dated 29.05.2003 that the original application was fully covered by decision given in OA (M) No. 357 of 2001. In OA (M) No. 357 of 2001, the Tribunal had observed that the learned Additional Advocate General fairly and squarely admitted that before reduction of the pay scale, no show cause notice was given to the Petitioner to defend his case. The Tribunal while disposing of OA (M) No. 357 of 2001 had not debarred the Respondents from effecting recoveries except with due process i.e. after serving the show cause notice which stands now complied with vide memo dated 04.11.2003. The Petitioner in the garb of order passed by the Tribunal cannot take wrong benefit as the recovery of amount is legal and just. It has been stated that fresh notice has been issued after complying with the principle of natural justice which was not done earlier. The Respondents 1 to 4 have prayed for dismissal of the petition.