Kuldip Singh vs H.P. State Electricity Board

Surjit Singh, Judge

Petitioner has been serving as Junior Engineer in the H.P. State Electricity Board in the year 1990, when he was promoted as Assistant Engineer, on adhoc basis, vide order dated 26.12.1990, copy Annexure A-1, on the condition that he would be serving at the place of his posting, which was a tribal area, during the period of adhoc promotion. It appears that the petitioner, while serving in tribal area, on account of his posting vide order of adhoc appointment Annexure A-1, sought his transfer to non tribal area. He was shifted to a place, known as Gaggal, in Kangra District, which is a non tribal area/ non difficult area. His regular promotion was ordered in the year 1997, vide Annexure A-3. After regular promotion, his pay was re-fixed. On account of this re-fixation, his pay became lesser than that of one of his juniors, namely, Suresh Patyal. He felt aggrieved by this reduction in pay. So, he filed an Original Application before the erstwhile H.P. State Administrative Tribunal, in the year 2003. On abolition of said Tribunal, the said Original Application has come to this Court and registered as present writ petition.

Respondents, in their reply, have taken the plea that Suresh Patyal, junior of the present petitioner, had also been promoted on adhoc basis, on the condition that he would continue to serve in the tribal area till his regular promotion and that said Shri Suresh Patyal continued to serve in tribal area, till his regular promotion and, therefore, he was given the benefit of service, as adhoc Assistant Engineer, while fixing his pay, on regular promotion, because of which his pay went up, compared to the pay of the petitioner. It is also stated that when the petitioner got himself transferred to non tribal area, in the year 1994, his pay was re-fixed, w.e.f. 23.9.1994, as Junior Engineer and benefit of pay, in the pay scale of Assistant Engineer, was given to him only when he was promoted on regular basis in the year 1997.

I have heard learned counsel for the parties and gone through the record.

There is no material on record, showing that on his transfer from tribal area to non tribal area, in the year 1994, vide Annexure A-2, petitioner''s pay in the pay scale of Junior Engineer, was re-fixed and the benefit of promotion as Assistant Engineer, withdrawn. On the contrary, there is a pay drawn statement of the petitioner, relied upon by the respondents themselves, which is Annexure R-6, which shows that even after his posting at Gaggal, non tribal area, he continued to be paid salary in the pay scale of Assistant Engineer and his pay was fixed at the same stage, at which it stood at the time of his shifting from tribal area to non tribal area. His pay, as on 1.1.1994, as per Annexure R-6, was Rs. 2625+30. On 23.9.1994 also, it was fixed at Rs. 2625+375+30 AP, in the pay scale of Assistant Engineer. Not only this, his pay as on 1.1.1995, on accrual of increment, was fixed at Rs. 2700+300+30 AP. Moreover, there is no order, indicating that the petitioner, on his shifting from tribal area to non tribal area, had been reverted to the post of Junior Engineer.

In view of the above stated position, present petition is allowed and the respondent is directed to re-fix the pay of the petitioner, in such a manner that his pay is not lesser than that of his junior, Shri Suresh Patyal at any time, after the regularization of promotion of the petitioner. Petitioner will be entitled to all consequential monetary benefits. Direction be complied with by 31.1.2012.