LAWS(HPH)-2004-8-20

P.L.GUPTA Vs. STATE OF H.P.

Decided On August 06, 2004
P.L.GUPTA Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) P.L. Gupta, applicant has assailed the orders Annexure A -15 dated 28.1.19933 and order Annexure A -17 dated 31.1.1994 affecting recovery and reduction in pay. He has also prayed that he may be deemed to be confirmed on the post of Foreman from 31.1.1998 the date the expiry of probation period and may be deemed to be promoted on regular basis to the post of Principal in pay scale of 2220 -4000 w.e.f. 31.1.1989.

(2.) Withdrawal of lawful benefits is contrary to the principles of natural justice having been passed in arbitrary manner are liable to be quashed and set aside.

(3.) The respondents have strongly resisted the claim put forth by the applicant and according to them the impugned, orders, have been passed in accordance with law. The applicant has no right to represent for undue and illegal benefits given to him. The confirmation was made against the post in due course of time and he cannot be confirmed from 31.1.1998 as calmed by him as mater of right.