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2022 Supreme(HP) 369

VIVEK SINGH THAKUR
Bipan Chand S/o. Shri Krishan Chand – Appellant
Versus
State Of Himachal Pradesh Through Secretary (Irrigation & Public Heath) to The Government Of Himachal Pradesh, Shimla-2 – Respondent


Advocates Appeared:
For the Petitioners:Sh. Sanjeev Bhushan, Sr. Advocate With Shri Rakesh Chauhan, Advocate
For the Respondents:Raju Ram Rahi, Deputy Advocate Genera

ORDER :

1. Petitioner has approached this Court for quashing communication dated 5th March, 2013 (Annexure A2) whereby his representation, to step up his pay equal to the pay fixed for Junior Officer namely Engineer Arun Prashar, has been rejected. Further prayer in petition is to direct the respondents to grant benefit of stepping up of pay enhancing his pay as on 1.1.2006 from 49490 to 49740 with subsequent consequential pay fixation till his superannuation and other benefits including pensionery benefits, if any, on account thereof and to pay arrears of benefits w.e.f. 1.1.2006 by fixing pay of applicant at par with his junior along with interest at the rate of 9% per annum.

2. In the pleadings of parties, there were some discrepancies in the dates of appointment, promotion, etc. with respect to petitioner as well as Arun Prashar and, therefore, department was directed to impart instructions. In response thereto, learned Deputy Advocate General has placed instructions dated 10.5.2022 on record.

3. Perusal of pleadings as well as instructions imparted during the course of hearing indicates that petitioner’s case is that he was appointed as Junior Engineer on regular basis with re

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