IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 12638 of 2008 Decided on 17.03.2010 Ms Gaitri Sharma ..…Petitioner. Versus Commissioner-cum-Secretary ………. Respondents. (Health & Family Welfare) and others. Coram The Hon’ble Mr. Justice V.K. Sharma, J. Whether approved for reporting? Yes. For the Petitioner: Mr. T.C. Sharma, Advocate. For respondents : Mr. Anil Jaswal, Dy. Advocate General. V.K. Sharma, Judge (Oral) The petitioner, Ms Gaitri Sharma, was working as Ward Sister on the establishment of Department of Health and Family Welfare, Government of Himachal Pradesh. She has since retired as Matron on 30.4.2005. At the relevant time she was posted in Sub Divisional Hospital, Sunder Nagar, District Mandi. She was promoted as Matron on 19.10.1996. She joined as such on 5.11.1996. The requisite option for fixation of her pay in the promotional cadre was required to be exercised within a period of one month, i.e upto 4.12.1996. However, whereas according to the petitioner, such option was duly exercised by her on the date of her joining itself on 5.11.1996, the stand on behalf of the respondents is that no such option was in fact exercised on that day and the alleged option dated 5.11.1996, is stated to be introduced later on as an after-thought, as the same was not countersigned by the Head of office and apart from that it was ------------------------------------------------------------------------------ 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. 2 also not bearing any diary number and date of receipt. Further more, the question for entertaining the option w.e.f. 1.2.1997, was raised especially when the pay was already fixed on 5.11996, under FR 22(I) (a) (I). It is further alleged that the option appears to have been manipulated and introduced later on as an after-thought on revision of pay scales w.e.f 1.1.1996, vide Notification dated January 20, 1998, for usurping undue and inadmissible financial benefits. In the lower scale the date of increment of the petitioner was 1.2.1997. Photo copy of the option stated to have been exercised by her on 5.11.1996, has been brought on record as Annexure A-3, which is to the following effect:- “OPTION In accordance with Finance Department O.M. No. Fin..(C) A(3)60/80 dated 10.5.82, I Gaitri Sharma W.S. on promotion as Matron do hereby opt the higher scale of Rs. 1800-3200 under F.R 22 (a) (i) w.e.f. 5.11.96 (viz. the date on which I promoted) and under F.R – 22(c) w.e.f 1.2.97 the date of my normal increment in Lower Post. Dated 5.11.96. Sd/- (Gaitri Sharma) Matron Place Sundernagar S.D.H. Sundernagar” By saying that option Annexure A-3, has been introduced by the petitioner later on would in essence amount to casting doubt by the respondents on one of its own functionary, namely, Sub Divisional Medical Officer. In case, option Annexure A-3, does not bear acceptance/countersignature of the Head of Office or diary number and date of receipt, the petitioner cannot be held liable for the same and more so, when matter for fixation of her pay in the promotional post on the basis of option Annexure A-3, was moved to the higher authorities by the Head of Office, i.e Sub Divisional Medical Officer, Sunder Nagar. 3 Above all, In case Annexure A-3 is taken into consideration the only benefit, which the petitioner is going to derive is that she would be entitled for one additional increment. As already noticed, she has since retired from service and in case she does not get this additional benefit, it would be a recurring financial loss to her for all the times to come. In view of the above and on an over all view of the matter, the petition is allowed. Consequently, it is ordered that on promotion of the petitioner as Matron and her joining as such on 5.11.1996, her pay in the promotional cadre be fixed in accordance with the option dated 5.11.1996, Annexure A-3. As a consequence, she would be entitled for all the ensuing benefits, which shall be paid to her within six weeks from today. The petition stands disposed of in the above terms. (V.K. Sharma) Judge. 17th March, 2010. Lsp*