Padam Dass Karata vs State of Himachal Pradesh

Sanjay Karol, J.—Petitioner has inter alia prayed for the following reliefs:- (i) That the respondents may be directed to release the annual increments of the applicant from due date with consequential benefits.

(ii) That the applicant may also be held entitled to interest at market rate on delayed payments.

Petitioner was promoted as an Excise & Taxation Inspector on 18.9.2001. As on this date, he was 54 years of age. Petitioner''s request for grant of annual increment, in relaxation of the rules, exempting him from clearing the departmental examination, was turned down inspite of the fact that in similarly situated circumstances, on individual basis, such power was exercised.

Record, as produced, reveals that petitioner had been successfully discharging his duties to the satisfaction of the employer and otherwise, there is nothing against him. Other than the fact that he did not clear his departmental examination there is no legal impedement in grant of benefit of increment to him. Petitioner made a request for exemption and also issued a legal notice clearly bringing out the factum of discrimination, in as much as benefit of such increment was duly accorded and disbursed to similarly situated persons, in whose favour, respondents themselves, on individual basis, granted exemption in exercise of its power under the rules. That such power to relax vests with the authorities is not in dispute. There is no legal or valid justification for not exercising such power in favour of the petitioner. Action of the authorities, in meeting out unfair treatment to the petitioner has thus resulted into arbitrariness. As such, petition needs to be allowed. Respondents are directed to consider the petitioner''s case for grant of exemption from undertaking the departmental examination, in accordance with law. The decision shall positively be taken within a period of eight weeks from the date of receipt of certified copy. All consequential benefits to follow. Monetary benefits due and admissible, if any, shall positively be disbursed within a period of four weeks thereafter, failing which petitioner shall be entitled to interest @ 6% per annum which shall personally be recovered from the erring Official (s). In view of the aforesaid petition stands disposed of, so also the pending application (s), if any.