Meera Devi And Others vs State Of H.P. And Others

Jyotsna Rewal Dua, J

The petitioners have filed the present petition for the grant of following substantive reliefs: -

“a. Issue a writ of mandamus against the respondents not to effect the recovery of legal and admissible bunching increments benefits from the petitioners by way of stoppage of increments or any other mode, which have been granted to them on the basis of revised pay scales on and w.e.f. the year 1.1.1996 implemented on 1.1.1998.

b. Issue a writ of certiorari to quash the recovery by way of Annexure P-5, 6, or in any other mode such as stoppage of increments by the Block Elementary Education Officer/Principals.”

The gist of the petitioners’ case is that they were granted benefit of bunching of increments by the respondents by counting initial ad hoc services rendered by them. However, later on vide the impugned memo dated 20.09.2012 (Annexure P-6), the respondents sought to recover this benefit from them. This action has been impugned herein.

The respondents in their reply, have not disputed that the benefit of bunching of increments was granted to the petitioners by counting their initial ad hoc services. According to the respondents, this benefit was wrongly granted to the petitioners as ad hoc service rendered by them could not have been considered for bunching of increments.

It is not the case of the respondents that the petitioners had misrepresented to them at any point of time. The respondents had themselves granted benefit of bunching of increment to the petitioners by counting their initial ad hoc service. This Court while deciding CWPOA No.7531 of 2019 (Madan Lal and others Vs. State of H.P.) on 30.12.2022, has already held that the increments earned by the employees for the duration of their ad hoc service, are liable to be bunched for the purpose of fixation of their pay in the revised pay scale. The issue of recovery of monetary benefit is also covered by the judgment dated 24. 03.2020, rendered by a Division Bench of this Court in CWPOA No. 3145 of 2019 (S.S. Chaudhary Vs. State of H.P. and others and connected matters). The case of the petitioners is squarely covered under the stipulation indicated therein.

In view of the above, the present petition is allowed. The impugned Annexure P-6, ordering recovery of benefit of bunching of increments from the petitioners, is quashed and set aside. The respondents are directed to consider the respective cases of the petitioners afresh in light of aforesaid judgments passed in Madan Lal’s & S.S. Chaudhary’s case, supra and pass appropriate orders, in accordance with law, within a period of six weeks from the date of receipt of copy of this order. The decision so arrived at, shall also be communicated to the petitioners.

Pending miscellaneous application(s), if any, also to stand disposed of.