ORDER :

The petitioner was appointed as Conductor on 10.09.1982 in the respondent-Himachal Road Transport Corporation (HRTC) in the pay scale of Rs.400-600/-. The revision of pay scale was carried out w.e.f. 01.01.1986. After the revision of pay scales in the year 1986, the petitioner was fixed in the pay scale of Rs.950-1800/-. The pay of the petitioner was fixed at Rs.1000/- per month w.e.f. 01.01.1986 with next date of increment as 01.09.1986.

A fire broke out in the regional office of the respondents at Dhalli in the year 1989. A lot of record of the respondent-Corporation was gutted in the fire including the service record of the petitioner.

2. Since the service record of the petitioner was gutted in fire, the respondent-Corporation in an attempt to reconstruct the record, asked the petitioner to furnish an affidavit with respect to his service details including his basic pay and allowances etc. The affidavit as directed by the respondents, was furnished by the petitioner on 21.06.1990. Following details were given by him in the affidavit:-

“I, Gurcharan Singh Son of Shri Bilbier Singh resident of village Kanganwal P.O. Palsi, Teh. Nalagarh Distt. Solan.

1. That My date of birth is 10.6.61.

2. That my educational qualification is as under:- (i) Matric.

3. That my date of appointment in HRTC is 10.9.82.

4. That my date of appointment in the different post/ grade chronological is as under.

(i) Cond. w.e.f. 10.9.82.

5. That I have got medically examined at the time of entering in service.

6. That the following leave was due on 19.12.89 in my credit:-

(i) Earned Leave 150 days.

(ii) H.A.P. Leave 100 days.

7. That I never remained under suspension during my entire service upto 19.12.89.

8. That during the period from the date of appointment upto 19.12.89 no penalty was/is in operation against me.

9. That no chargesheet is pending against me.

10. That my basic pay as on 10.12.89 is Rs.1000/-. 1025/- according to the revised pay scale and date of next increment is 1.9.89 because I was on medical leave and the increment for the year 1.9.89 not be allowed to me and next date of increment is 1.9.90.

11. That I belong to open category.

12. That Sh. Bhagwan Dutt conductor presently working in HRTC Dhalli Unit was my batch mate.

13. That I have not availed L.T.C. in my entire service.”

Since in the above affidavit, the petitioner submitted that his basic pay as on 10.12.1989 was at Rs.1025/-, therefore, the respondents accordingly worked out his subsequent pay and annual increments. Relevant portion of pay fixation chart of the petitioner prepared by the respondent-Corporation on the basis of above affidavit furnished by him is as under:-

There is no dispute qua the above facts between the parties.

3. The case put forth by the petitioner in the instant petition is that during the year 2014, he came across an office order dated nil (Annexure A-1), whereunder on revision of pay scales w.e.f. 01.01.1986, his pay as on 01.01.1986 was fixed at Rs.1000/- in the pay scale of Rs.950-1800/-. Petitioner’s date of increment falls on 1st September of the year. Therefore, his pay as on 01.09.1986 was to be fixed at Rs.1025/- after allowing the annual increment due to him. In this way, as on 01.09.1987, his pay would be Rs.1050/-. Thereafter, as on 01.09.1988, his pay would be Rs.1075/-, whereas, the respondents have fixed his basic pay at Rs.1025/- as on 18.12.1989.

Learned counsel for the petitioner submitted that the office order (Annexure A-1) was submitted by the petitioner to the respondents alongwith a detailed representation in this