IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No.3596/2008 Decided on: 9.3.2009 A.L. Gupta. …Petitioner. Versus State of Himachal Pradesh and others. …Respondents Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1. No For the petitioner : Mr. Ashwani Kumar Sharma, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy. A.G. Rajiv Sharma, J. (Oral) The grievance of the petitioner is three fold. Firstly, he has not been released the amount admissible under Group Insurance Scheme. The second grievance is that he was granted the selection grade; however, the same has been withdrawn without issuance of any notice to him. The third grievance of the petitioner is that one Sh. S.D. Bhandari, figuring at serial No. 59 of the seniority list vis-à-vis the petitioner who was at Sr. No. 41 was paid higher salary. So far as the first grievance is concerned, the learned Senior Additional Advocate General submits that the amount under the Group Insurance Scheme shall be released. 1 Whether the reporters of Local Papers may be allowed to see the judgment? No 2 So far as grievance No.2 is concerned, the selection grade was granted to the petitioner vide Annexure A-4 dated 25.11.1992, however, the same has been withdrawn vide Annexure A-2 dated 3.5.1994. Mr. Ashwani Sharma, Advocate has strenuously argued that the petitioner has not been served with any notice before the withdrawal of selection grade. This aspect has not been seriously disputed by the learned Senior Additional Advocate General, however, he has submitted that it has been done on the basis of the adverse entry recorded in the ACRs of the petitioner. It is settled law that any order which has civil consequences must be passed in conformity with the principles of natural justice. The pay of the petitioner was revised vide notification dated 25.11.1992, the same could not be reduced in the year 1994 that too without issuing any notice. The petitioner has been visited with civil consequences. As far as third grievance is concerned, the petitioner is at Sr. No. 41 of the seniority list qua the Assistant Engineers, however, one Sh. S.D. Bhandari who is at Sr. No. 59 was drawing higher salary than the petitioner. The plausible ground for paying lesser salary to the petitioner than Sh. S.D. Bhandari is that there was adverse entry in the ACRs of the petitioner and Sh. S.D. Bhandari was granted the selection grade with effect from 1.1.1978. The fact of the matter is that senior cannot be paid lesser salary than his junior and this principle has been reiterated by their Lordship of the Hon’ble Supreme Court in Er. Gurcharan Singh Grewal and another versus Punjab State Electricity Board and others, 2009 (1) Scale 5345. Their Lordships have held as under: “Something may be said with regard to Mr. Chhabra’s submissions about the difference in increment in the scales which the appellant No.1 and Shri Shori are placed, but the same is still contrary to the settled principle of law that a senior cannot be said lesser salary than his junior. In such circumstances, even if, 3 there was a difference in the incremental benefits in the scale given to the appellant No.1 and the scale given to Shri Shori, such anomaly should not have been allowed to continue and ought to have been rectified so that the pay of the appellant No.1 was also stepped up to that of Shri Shori, as appears to have been done in the case of the appellant No.2” Accordingly, the writ petition is allowed. The respondents are directed to release the amount under the Group Insurance Scheme to the petitioner. The impugned order Annexure A-2 dated 25.11.1992 is quashed and set aside. The respondents are directed to pay the salary which was being paid to his junior i.e. Sh. S.D. Bhandari. The petitioner will be held entitled for interest @ 9% per annum on the amount payable to him as directed till its realization. The needful be done within 8 weeks from today. There shall, however, be no order as to costs. 9.3.2009 (Rajiv Sharma ), J. *awasthi*