Himachal Pradesh High Court
Lagender Singh Pathania vs . State Of H.P. & Ors. on 31 May, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
Lagender Singh Pathania Vs. State of H.P. & Ors.
CWP No. 4623/202131.05.2022 Present: Mr. Naresh K. Sharma, Advocate, for the .
petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Rajinder Dogra, Sr. Addl. AG, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. AGs, Mr. Bhupinder Thakur and Mr. Yudhvir Singh Thakur, Dy. AGs and Mr. Rajat Chauhan, Law Officer, for the respondentsState.
CMP No. 4218/2022The petitioner has filed the instant petition seeking stay of operation and implementation of order dated 02.04.2022, with a further direction to the respondents that they be restrained from deducting/recovering any amount from the salary/pay of the applicant.
The respondents have filed reply, wherein, in preliminary submissions, it has been stated that refixation of pay of the applicant has been done vide order dated 02.04.2022 in pursuance to the promotion of the applicant vide order 24.12.2020 and as such, fixation is subject matter of audit, being carried out by the Auditor General. As far as respondents are concerned, refixation order of revised promotion of the applicant as Senior Assistant will have only notional effect and no recovery on their part is being affected from the applicant, but, in case any mistake is found in re fixation order by the Auditor General, then, the employer may take steps to rectify the same at later stage.
In view of the response of the respondents, we find the instant application to be clearly misconceived and the same is dismissed, as such. However, it is made clear ::: Downloaded on - 01/06/2022 20:05:40 :::CIS that in case the respondents proceed to pass refixation .
order on the basis of observations/objections of the Auditor General, then, it shall always be open to the applicant to approach this Court by moving appropriate application in this regard.
CMP No. 9607/2021In view of passing of aforesaid order, the instant application does not survive and is accordingly dismissed.
CWP No. 4623/2021Admit.
List for final hearing on 24.08.2022 before the appropriate Bench having roster.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 31st May, 2022 (raman) ::: Downloaded on - 01/06/2022 20:05:40 :::CIS