BIPAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court for quashing communication dtd. 5/3/2013 (Annexure A2) whereby his representation, to step up his pay equal to the pay fixed for Junior Officer namely Engineer Arun Prashar, has been rejected. Further prayer in petition is to direct the respondents to grant benefit of stepping up of pay enhancing his pay as on 1/1/2006 from 49490 to 49740 with subsequent consequential pay fixation till his superannuation and other benefits including pensionery benefits, if any, on account thereof and to pay arrears of benefits w.e.f. 1/1/2006 by fixing pay of applicant at par with his junior along with interest at the rate of 9% per annum.

(2.) In the pleadings of parties, there were some discrepancies in the dates of appointment, promotion, etc. with respect to petitioner as well as Arun Prashar and, therefore, department was directed to impart instructions. In response thereto, learned Deputy Advocate General has placed instructions dtd. 10/5/2022 on record.

(3.) Perusal of pleadings as well as instructions imparted during the course of hearing indicates that petitioner's case is that he was appointed as Junior Engineer on regular basis with respondent-department on 18/7/1978 and was promoted as Assistant Engineer on regular basis on 25/6/1985 and was further promoted to the post of Executive Engineer on 28/1/1999 and was promoted as Superintending Engineer on 6/6/2011 and on promotion as Superintending Engineer his pay on 6/6/2011 was fixed on Rs.61010.00 in pay scale of 37400-67000+8700 GP and superannuated as Superintending Engineer on 30/4/2015, whereas one Arun Prashar was appointed as Junior Engineer in the year 1980 about two years later than petitioner and who was promoted as Assistant Engineer on 22/5/1986 about one year later than petitioner and was promoted as Executive Engineer on 9/4/2007 about and later than petitioner and superannuated on 31/7/2014 as Executive Engineer and as such Arun Prashar remained junior to the petitioner since initial appointment.