IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 127 of 2009. Decided on: November 22, 2011. HPSEB Vrs. R.G.Sood. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the appellant: Mr. Trilok Jamwal, Advocate. For the Respondent: Mr. Dilip Sharma, Advocate, ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The respondent-Electricity Board in the Writ petition has come up in appeal against the judgment dated 4.3.2009, passed in CWP(T) No. 2073 of 2008. In the CWP(T), the writ petitioner prayed for application of FR 22 by stepping up the pay with that of his junior. There were other prayers as well. The learned Single Judge, it appears, has gone into the question as to whether the advance increments granted to the petitioner had been withdrawn or not and came to the conclusion that same were withdrawn without notice to the petitioner. That position appears to be factually incorrect. The advance increments had not actually been withdrawn. But, the fact remains that the writ petitioner who was admitted senior to one Mr. S.K. Sood,only prayed for stepping up his pay in terms of FR 22, since the writ petitioner had satisfied other conditions required under FR 22 and it was also a case where the junior drawing the higher pay was not on account of any of the special situations enumerated under FR 22. If that be so, the case of the writ petitioner is otherwise covered by several judgments of the apex Court on the question of application of FR 22 in stepping up of the pay including the one referred to by the counsel for the writ petitioner in Gurcharan Singh Grewal & anr. Versus Punjab State Electricity Board & ors., reported in (2009) 3 SCC 94. Therefore, though for other reasons also, we do not find any merit in the appeal. Clarifying the factual position, as above on increments, the appeal is dismissed, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. November 22, 2011. ( Justice Sanjay Karol), (vs) Judge. 2