Sukh Ram Rathore vs State of H.P. and Another

Kurian Joseph, C.J.—The petition has been filed with the following prayers:

i) That the impugned Annexures: A-2 & A-3, dated 14.12.90 & 30.12.93 respectively may be quashed and set aside;

ii) That the respondents may be directed to fix the applicant''s pay on the basis of Annexure: A-I, dated 26.3.90 with all consequential benefits;

iii) That the respondents may be directed to refund the amount recovered illegally from the salary of the applicant amounting to Rs. 15,000/-.

Learned Additional Advocate General submits that the petitioner is not entitled to benefits in view of the decision of this Court in Latest H.L.J 2009 (H.P) 402 V.K. Behal and Ors. v. State of H.P. and Ors. since the applicant has been recruited prior to 1.11.1962. According to the petitioner, the matter has since been considered by this Court with a specific reference to pay fixation leading to the decision of this Court in V.K. Behal''s case (supra) wherein this Court has permitted the retention of the benefits of reservation and fixation of pay. Therefore, this writ petition is disposed of directing the first respondent to look into the matter in the light of decision referred to above and take appropriate action in the matter within four months from the date of production of a copy of this judgment by the petitioner. It will be open to the petitioner to file representation before the first respondent and in case the petitioner seeks for an opportunity of hearing, the same shall also be granted. It is made clear that in case the Government decides in favour of the petitioner, the amount already recovered be refunded within another two months. The petition stands disposed of, so also the pending applications, if any.