RATTAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner seeks to set-aside the orders dated 28th July, 1999 (Annexure P-4) and 20th July, 2011 (Annexure P-7) and release of emoluments of the pension with a direction to the respondents for fixing the pay as per his existing position on 13.7.1998.

(2.) Precisely, the facts giving rise to the present petition are that the petitioner joined services of the respondent-department on 29.9.1973 as a 'Copy Holder'.

(3.) Feeling aggrieved, the petitioner filed an O.A. No.2433 of 1999 in the erstwhile Tribunal, but after its abolition, it was transferred to this Court and registered as CWP(T) No.6024 of 2008, which was decided vide judgment dated 10.8.2010. The impugned order dated 28th July, 1999 was quashed and set-aside with a liberty reserved to the respondents to take action in accordance with law after affording an opportunity of hearing to the petitioner. The petitioner was heard and finally the order dated 20th July, 2011 was passed by the Controller of the respondent-department observing that the petitioner was appointed as Copy Holder on 29.9.1973, whereas, Chint Bhan was appointed to the same post on 15.1.1973. Since petitioner Rattan Chand became senior to the next promotional post due to benefit of reservation, hence he did not qualify for the benefit of stepping up qua his juniors which otherwise in fact were senior to him in the lower post. Thus, the benefit of stepping up was held not admissible to the petitioner.