Himachal Pradesh High Court
Dr. Avtar Singh Gill S/O Sh. Sohan Singh vs State Of H.P. Through Its Principal on 20 December, 2021
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 20th DAY OF SEPTEMBER, 2021
.
BEFORE
THE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE
THE HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA, JUDGE
CIVIL WRIT PETITION NO. 3819 OF 2021
Between
DR. AVTAR SINGH GILL S/O SH. SOHAN SINGH
GILL, R/O SHAILINDER PALACE NEAR
FISHERY FARM, SULTANPUR, CHAMBA, HP.
r ....PETITIONER
(BY MR. SANJEEV BHUSHAN, SR. ADVOCATE
WITH MR. RAKESH CHAUHAN, ADVOCATE)
AND
1. STATE OF H.P. THROUGH ITS PRINCIPAL
SECRETARY (HEALTH) TO THE GOVERNMENT
OF HIMACHAL PRADESH.
2. DIRECTOR, MEDICAL EDUCATION &
RESEARCH, HIMACHAL PRADESH, SHIMLA-9.
3. PRINCIPAL, DR. PANDIT JAWAHAR LAL
NEHRU GOVERNMENT MEDICAL COLLEGE
CHAMBA, DISTRICT CHAMBA, H.P.
....RESPONDENTS
(BY SH. AJAY VAIDYA, SR. ADDITIONAL
ADVOCATE GENERAL)
_________________________________________________
This civil writ petition coming on for admission after
notice this day, Hon'ble Mr. Justice Tarlok Singh Chauhan, delivered
the following:
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2
ORDER
.
The instant petition has been filed for the grant of following substantive reliefs: -
"(i) That appropriate writ, order or direction may very kindly be issued directing the respondents to refund the recoveries made from the petitioner from the month of February, 2021 up till June, 2021, which comes out to Rs. 2,00,000/- along with interest @ 9% per annum, in the interest o flaw and justice.
(ii) That appropriate writ order or direction may very kindly be issued directing the respondents to pay the salary and perks to the petitioner with effect from February, 2020 of the post of Associate Professor (General Surgery) along with the arrears and interest @ 9% per annum "
2. After hearing learned Senior Counsel for the petitioner, the only subsisting grievance of the petitioner is that the recovery so effected from him, may be ordered to be refunded to him on account of his re-designation as Assistant Professor, which is a result of re-
designation of this post from the post of Associate Professor to Assistant Professor.
3. It is not in dispute that the petitioner was initially appointed as Associate Professor, vide Notification dated 2.2.2018.
Thereafter, the contract of appointment was renewed for one year, vide Notification dated 21.2.2019. Yet again, this contract was renewed from 8.2.2020 to 7.2.2021. However, in the interregnum, the respondent-Secretary (Health) to the Government of Himachal Pradesh, vide Notification dated 27.1.2021, designated the petitioner ::: Downloaded on - 31/01/2022 23:27:56 :::CIS 3 as Assistant Professor (Contract) and on the basis of such re-
designation, recovery was ordered to be effected. It is also not in .
dispute that at least upto 27.1.2021, the petitioner worked against the post of Associate Professor and no recovery, whatsoever, could have been effected. More importantly, it was the respondent-Secretary (Health), who not only chose to appoint the petitioner as an Associate Professor, but he continued on the said post for the period as stated above.
In view of the aforesaid discussion, we have no hesitation to hold that the recovery in question, so effected from the petitioner, is totally illegal and unwarranted. The petition is accordingly allowed and the amount so recovered from the petitioner is ordered to be deposited in the saving bank account of the petitioner on or before 31.1.2022, failing which the respondent-Secretary (Health) to the Government of Himachal Pradesh shall be liable to pay interest @ 9% on this amount. Pending miscellaneous applications, if any, also stand disposed of.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 20th December, 2021 (Guleria) ::: Downloaded on - 31/01/2022 23:27:56 :::CIS