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Divisional Superintendent, Eastern ... vs Shri L.N. Keshri And Ors. on 6 August, 1974

14. On the other hand, the learned counsel for the respondents submitted that as per the direction of the Hon'ble Supreme Court only notional continuity of service was required to be counted in respect of both the applicants but due to administrative mistake while working out the notional pay increment for the period the applicants remained terminated were inadvertantly added to the pay. Now re-fixation of the pay has been done keeping in view the principles laid down by the Hon'ble Supreme Court, therefore, affording pre-decisional hearing was of no avail to the applicants, In the instant case the mistake was of clerical nature which on discovery has been set-right by the re-fixation orders. Therefore, prior notice to the proposed action or pre-decisional hearing as claimed by the applicant was not at all required. The rulings cited by the learned counsel for the applicant are not applicable in the instant case.
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