BRIJ BHUSHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant appointed as Junior Engineer on August 12, 1965 was promoted as Assistant Engineer in the year 1995. He was to retire on December 31, 2002. The respondents without any notice to the applicant had re -fixed the pay in the year 2002. In this way the impugned order Annexure P -1 vide which his pay had been re -fixed and recovery of over payment had been made, has been challenged. The applicant, therefore, prays that after quashing the impugned order Annexure P -1, respondents may be ordered to calculate the retrial dues of the applicant on the basis of pay drawn by him on March 1, 2002 at the rate of Rs.13,500/ -.

(2.) The respondents while justifying the impugned order have averred that the fixation of the pay subject to verification by the Audit and Recovery shall be made as per Audit and Head Office clarification made at any time in future. The Audit Officer during the year 2001 -02 while verifying the fixation of the applicant had pointed out that it had been wrongly fixed. The Audit report in this record is Annexure R -1. Accordingly, pay of the applicant had been re -fixed.

(3.) We have heard Sh. A.K. Gupta, learned Counsel for the applicant and Ms. Abhilasha Kumari, learned Additional Advocate General for the respondents.