IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 11591 of 2008. Decided on: June 2, 2011. Budhi Singh. Vrs. State of H.P. & ors. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner: Mr. Lalit K. Sharma, Advocate. For the Respondents: Mr. R.K. Bawa, AG with Mr. J.K. Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner approached this Court aggrieved by Annexure A-3 whereby the pay of the petitioner had been re-fixed. The impugned order was stayed by the erstwhile Tribunal by order dated 12th December, 2004. Thereafter two opportunities were given for reply. There is no reply as yet. The petitioner joined service only in the year 1982. As per Annexure A-1, those who improved the qualification between 1958 and 1979, are entitled to a higher scale as a personal measure. It is clear that it was a benefit intended for those who are already in service and not to a person like the petitioner who had not been even born in the cadre as on that date. That mistake alone was corrected as per Annexure A-3 by the Deputy Director. But as the petitioner rightly contended, that correction is made after 12 years and even in the impugned order it is not a case that wrong fixation was made at the instance of the petitioner or on account of his involvement. The impugned order was stayed by the erstwhile Tribunal in the year 2004. We are informed that the petitioner has already retired from service. Therefore, this writ petition is disposed of making it clear that the re- fixation shall be done w.e.f. the date when the proceedings leading to Annexure A-3 were initiated, there shall be no recovery of the amounts already paid to the petitioner and it will be open to the respondents to recover the loss thus caused to the Government from the erring officers who made the wrong fixation after conducting a due enquiry. 2 2. The writ petition is disposed of, so also the pending application (s), if any. (Justice Kurian Joseph), Chief Justice. June 2, 2011. ( Justice V.K.Sharma), (karan/vs) Judge.