IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 14482 of 2008 Decided on: 29.6.2011 Chandu Lal …..Petitioner Versus State of H.P. and ors. …..Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the respondents : Mr. J.K.Verma, Dy. A.G. for respondents No. 1 to 3. Mr. K.D. Sood, Advocate, for respondent No.6. Justice Kurian Joseph, Chief Justice (oral). The petitioner has approached this court with certain grievances regarding recovery effected from his pay on account of pay fixation and seniority. It is seen from the reply that the recovery was effected on account of re-fixation of pay based on the implementation of Mool Raj Upadhaya’s case. It is by now settled law that wages already paid to an employee for the period he actually worked in the capacity, unless for recovery for mis-represetnation or fraud etc., cannot be recovered. Therefore, the writ petition is disposed of making it clear that it will be open to the respondents to re-fix the pay. But wages already paid shall not be recovered. In case the petitioner still has any grievance with regard to seniority, it will be open to him to approach the 3rd/4th respondent, in which case the matter will 2 be duly considered by the respondents with notice to the affected parties within four months. 2. With these observations, the writ petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice (Justice V.K. Sharma) Judge. June 29, 2011 (LSP/hl)