JEET RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT Civil Writ Petition filed under Article 226 of the Constitution of India. Brief facts of the case as pleaded are that on dated 18.9.2011 petitioner was regularized as Electrician in the pay scale of Rs. 4020 -6200. It is further pleaded that on 20.11.2002 a corrigendum was issued by respondent No. 3 reducing the initial pay from Rs. 4020/ - to Rs. 3120/ -. It is further pleaded that on dated 4.1.2003 again respondent No. 3 issued corrigendum that the pay scale of petitioner shall be Rs. 3120 -5160 instead of pay scale of Rs. 4020 -6200 issued vide earlier order dated 18.9.2002. It is further pleaded that in the month of June 2003 State Administrative Tribunal stayed the order of corrigendum issued by respondents. It is further pleaded that thereafter Hon'ble High Court of HP vide order dated 3.9.2010 had directed the petitioner to make representation to respondent No. 3 within two weeks from the date of order and respondent No. 3 was directed to pass a speaking order touching all the points raised in the representation within another two months. It is further pleaded that on dated 10.11.2010 the petitioner filed representation to respondent No. 3 and thereafter on dated 24.1.2011 detailed representation was filed requesting respondents to allow the scale of Rs. 4020 -6200 originally granted to the petitioner as Electrician w.e.f. 1.1.2000. It is further pleaded that on dated 23.3.2011 respondent No. 3 heard the petitioner in person and took his undertaking to the effect that he is ready to receive the pay scale of Rs. 3120 -6200 provided no recoveries are to be effected from him. It is further pleaded that on dated 21.4.2011 respondent No. 3 decided the representation and passed order to the effect that original order dated 18.9.2002 providing pay scale of Rs. 4020 -6200 would be substituted as Rs. 3120 -5160 and respondent No. 3 further directed that wages drawn in excess would be recovered in rational installments from the petitioner. It is further pleaded that on dated 7.5.2011 the petitioner made representation to respondent No. 3 for reviewing the office order dated 21.4.2011 qua recovery. It is further pleaded that orders dated 20.11.2002, 4.1.2003 and 21.4.2011 passed by respondent No. 3 be quashed. It is further pleaded that respondents be directed to grant higher pay scale of Rs. 4550 -7220 after completion of five years service along with arrears and interest @ 12% per annum. It is further pleaded that respondents be directed to release annual increment falling due on 1.1.2009, 1.1.2010 and 1.1.2011 along with arrears and interest @ 12% per annum. Prayer for acceptance of writ petition sought.

(2.) PER contra reply filed on behalf of the contesting respondent pleaded therein that services of petitioner have been regularized in terms of policy framed by the State Government for regularization of daily wages workers in pursuance to the orders of Hon'ble Supreme Court passed in Mool Raj Upadhyaya Vs. State of HP. It is further pleaded that Government of HP vide notification dated 30.8.1987 clubbed various skilled and semi skilled categories and re -designated as Jr. Technicians. It is further pleaded that there is provision to regularize the services of the petitioner as Electrician Grade -I. It is further pleaded that minimum of the time scale to the post of Jr. Technician (Electrician) is Rs. 3120 -5160. It is further pleaded that petitioner himself opted for the revised pay scale w.e.f. 1.1.2006 as per Annexure R3 placed on record with his signature. It is further pleaded that pay scale was inadvertently written as Rs. 4020 -6200 instead of Rs. 3120 -5160 and the same was rectified by way of issuance of corrigendum placed on record. It is further pleaded that petitioner has been regularized as Junior Technician (Electrician) in view of Government notification dated 30.8.1997. Prayer for dismissal of writ petition sought.

(3.) FOLLOWING points arise for determination in the present writ petition: