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2009 Supreme(HP) 337

RAJIV SHARMA
KARTAR SINGH DHIMAN – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the petitioner:Ms Nidhi Sharma, Advocate vice Mr. Bhuvnesh Sharma, Advocate For the Respondents:Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Deputy Advocate General.

JUDGMENT

Rajiv Sharma, J.:- The petitioner was appointed as Art and Crafts Teacher on 29.9.1970. He was granted the pay scale of Junior Secondary Teacher (JST) in the grade of Rs. 220-400 after his acquiring the higher qualification of Bachelor of Arts (B.A.) i.e. from 19.7.1977. His pay was fixed with effect from 19.7.1977 in the pay scale of Rs.226-232. He also earned annual increment and subsequently his pay was fixed at Rs/ 232 244. The grade was revised to Rs. 620-1200 with effect from 1.1.1978 and he was fixed at Rs. 660/-. The stepping up and selection grade were also released to him. However, vide letter dated 27.4.1993, the pay scale of the petitioner was reviewed/revised with effect from 19.7.1977. He was not served with any notice before the issuance of letter dated 27.4.1993. He approached the learned Himachal Pradesh Administrative Tribunal. The learned Himachal Pradesh Administrative Tribunal directed the original application to be treated as representation to the Secretary (Education). He rejected the same on 15.11.1994. Thereafter Annexure A-3 dated 30.11.1994 was issued and the Headmaster was directed to recover the amount from the petitioner in lump sum.

2. Ms. Ni
















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