STATE OF HIMACHAL PRADESH Vs. VIDYA SAGAR

JUDGEMENT

(1.) The subject matter of this appeal is the judgment and order, dated 12th December, 2011, made by the Writ Court in CWP No. 4231 of 2010, titled as Vidya Sagar & others versus State of H.P. & another, whereby Annexure P-9 annexed with the writ petition came to be quashed with a command to the respondents to follow Annexure P-4 to the writ petition (hereinafter referred to as "the impugned judgment").

(2.) The writ petitioners-respondents herein were appointed as Agriculture Inspectors in Agriculture Department. The said posts were re-designated as Assistant Development Officers (Agriculture) vide notification, dated 10th May, 1980 (Annexure P-1 to the writ petition) in terms of the Rules occupying the field at the relevant point of time. The benefit of Proficiency Step Up was granted to the writ petitioners in terms of Annexure P-4 annexed with the writ petition, dated 5th September, 1991, was withdrawn by the appellants-writ respondents, in terms of Annexure P-5, in January, 2001, but with a modification that the writ petitioners were entitled to the said benefit notionally from the date of completion of eight years and monetary/financial benefit with effect from the date of passing the departmental examination, constraining them to file representations, were rejected, they filed Original Application before the erstwhile H.P. State Administrative Tribunal seeking quashment of Annexure P-5, was transferred to this Court in view of the abolition of the Tribunal, came to be diarized as CWP (T) No. 7809 of 2008, titled as Vidya Sagar and others versus State of Himachal Pradesh and another, before this Court and this Court, vide order, dated 19th June, 2009, quashed Annexure P-5 with liberty to the writ respondents to proceed with the matter in accordance with law after hearing the writ petitioners. Thereafter, the writ respondents made order, dated 18th February, 2010 (Annexure P-9) on the basis of column 2 of the clarificatory letter, dated 18th July, 1992 (Annexure P-2) and benefit granted to the writ petitioners right from the due date, in terms of Annexure P-4, was withdrawn and were held entitled to monetary benefit from the date of passing their departmental examination.

(3.) Feeling aggrieved, the writ petitioners filed the writ petition seeking quashment of Annexure P-9. The Writ Court, after examining the pleadings, held, in terms of the impugned judgment, which is subject matter of this appeal, that Annexure P-9 is bad in law, not in accordance with the Rules occupying the field and quashed the same, restored the efficacy of Annexure P-4 and commanded the writ respondents to grant relief in terms of Annexure P-4 in favour of the writ petitioners.