Inder Pal Singh v. State Of Punjab And ORS

CWP-22152-2014 (O&M) -1- 2023:PHHC:115150

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-22152-2014 (O&M) Date of Decision: 31.08.2023 Inder Pal Singh .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Present:

Mr. S.K. Rattan, Advocate for the petitioner.

Mr. Vishnav Gandhi, DAG, Punjab.

None for respondent No.3.

***** SANJEEV PRAKASH SHARMA, J (ORAL) 1.

The petitioner by way of this petition has prayed for quashing the orders dated 06.09.2010 (Annexure P-5) and 14.08.2013 (Annexure P-6), whereby, the pay of the petitioner has been refixed and reduced without giving any show cause notice.

2.

Learned counsel for the petitioner is neither placed on record any appointment order nor he has been able to show that the petitioner remained else in continuance of service before being regularized w.e.f. 1988. The benefit of period prior to regularization was earlier granted to the petitioner which was found to be wrongful and accordingly, the same was corrected. The pay of the petitioner was fixed from 01.01.2006 which was corrected and the CPF amount was also directed to be released accordingly. 3.

Learned counsel for the petitioner submits that the State circular was issued whereby the adhoc period of service was required to be counted DINESH BANSAL 2023.09.02 13:34 I attest to the accuracy of this order Chandigarh

CWP-22152-2014 (O&M) -2- 2023:PHHC:115150 and for the said purpose, he has shown the service book of the petitioner. However, from the perusal of the service book, this Court is satisfied that there is no regular ad hoc service of the petitioner and therefore, the revision of the pension as done by the respondents cannot be said to be objectionable. However, no recovery has been made.

4.

In view thereof, the claim of the petitioner for counting his earlier period of service for the purpose of benefit of proficiency stepping up is found to be wholly without merit and the proficiency stepping up has to be done from the date of regularization which has been done by the authorities and pension has been calculated accordingly.

5.

Keeping in view the above, no ground to interfere in the present petition is made out and accordingly, the same is dismissed. (SANJEEV PRAKASH SHARMA) 31.08.2023 JUDGE D.Bansal Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DINESH BANSAL 2023.09.02 13:34 I attest to the accuracy of this order Chandigarh