MOHAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicants in the present original application are aggrieved by the impugned order issued by respondents dated 24.12.2001 (Annexure -1), whereby they were going to make recovery of alleged excess payment of pay and allowances paid to the applicant after being promoted as head Teachers and the pay being fixed under FR 22(1) (a) (i). They are thus praying for the following main reliefs: "(a) Quash the impugned order A -1 issued arbitrarily, mala -fides and illegally by the respondents; (b) Direct the respondents to restore the increments of the applicants in accordance with FR -22(1) (a) (i) as fixed earlier with all the consequential benefits and interest @ 18% pa till the payment of the arrears thereof. (c) Direct the respondents to produce all the relevant documents alongwith their reply for perusal by this Honble Tribunal; (d) Allow the cost of this O.A; (e) Pass such other or directions as deemed fit and proper in favour of the applicants."

(2.) The brief facts are that the applicant No.1 was initially appointed as JBT on 8.10.1965 and thereafter promoted as Head Teacher on 26.10.1996 and accordingly he was fixed at Rs. 2625/ - after giving him the benefit of FR -22(1)(a) (i) in the old pay scale in which the applicant has already reached at Rs. 2480+20. The revised pay scales came into force w.e.f. 1.1.1996 and accordingly his pay was accordingly fixed at Rs. 7880/ - in accordance with FR -11(1)(a)(i). Thereafter the pay of the applicant was fixed Rs. 7660/ - on 1.1.1996; Rs. 7880/ - on 1.10.1996; Rs. 8375/ - on 1.1.1997; Rs. 8650 on 1.1.1998 and RS. 8925/ - on 1.1.1999. He was further promoted as CHT w.e.f. 28.3.2000.

(3.) Likewise, the applicant No.2 was initially appointed as JBT in 1965 and he was thereafter promoted as Head Teacher on 29.10.1996. Accordingly his pay was also fixed at Rs. 2410 after giving the benefit under FR -11(1)(a)(1) in the old scale and revised after the new pay scale came into force w.e.f. 1.1.1996.