IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 6503 of 2008 Date of decision: 9.12.2010 T.L. Vaidya … Petitioner Versus Govt. of H.P. and ors. ... Respondents Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No For the petitioner: Mr. Satyan Vaidya, Advocate. For the respondent: Mr. J.S. Guleria, Asstt. A.G. V.K. Ahuja, J. (Oral): An application under Section 19 of the Administrative Tribunals Act, 1985 was preferred by the petitioner before the State Administrative Tribunal. On abolition of the State Administrative Tribunal, the application stood transferred to this Court and was registered as CWP (T) No. 6503 of 2008. 2. Heard. The petitioner has filed the application praying following reliefs:- “i) To quash and set-aside the impugned order at Annexure ‘PA’ dated 11.2.2000; ii) To direct the respondents to allow to the applicant the revised pay scale of Rs.18600- 22100 w.e.f. 1.1.96; iii) To grant difference of pay w.e.f. 1.1.96 till the date of retirement of the applicant alongwith interest @ 12%; 1Whether reporters of Local Papers may be allowed to see the judgment? 2 iv) To further direct the respondents to revise the pension of the applicant while fixing him in the scale of Rs.18600-22100 and pay arrears thereof, with interest @ 12% besides revising his gratuity and other retiral benefits; v) The respondents be as well, directed to pay the difference of retiral benefits on grant of pay-scale of Rs.18600-22100 w.e.f. 1.1.96.” 3. Before approaching the erstwhile Tribunal, the petitioner had also filed representation, Annexure PG, dated 14.12.1998 before respondent No.1. The said representation was rejected by respondent No.1 vide Annexure PA by passing a brief order, the relevant portion of which reads as follows:- “I am directed to refer to your letter dated 14.12.1998 subsequent reminder dated 1/99, 3/99 and dated 11/99 on the subject cited above and to say that your request for the grant of pay scale of Rs. 18600-22100 w.e.f. 1.1.1996 has been examined in consultation with the Finance Department. It is regretted that the same cannot be acceded to.” 4. It has been submitted by learned counsel for the petitioner that respondent No.1 had not considered the question that the petitioner was holding two posts, i.e. Director of Sports as well as Director of Youth Services before he was promoted from the post of Joint Director of Sports. In State of Punjab, as submitted Director of Sports has been granted scale of Rs. 18600-22100, whereas Director of Youth Services has been given scale of Rs. 14300-18600. The petitioner was holding dual charge of the posts. But, only scale of Director of Youth Services has been given to the petitioner and not that of Director of Sports, which post he was also holding prior to his promotion from Joint Director of Sports to Director of Sports and 3 Youth Services. It is further submitted by the learned counsel for the petitioner that Commissioner-cum-Secretary (Youth Services & Sports) had recommended the case of the petitioner, but in spite of his recommendations, the scale was not granted to the petitioner and the order was passed in consultation with the Finance Department. It is, therefore, clear that the representation made by the petitioner was not considered in accordance with the Rules and the documents sought to be produced by the petitioner. As such, there will be a direction to respondent No.1 to consider the representation of the petitioner along with other necessary documents. The petitioner will present a copy of this judgment along with copy of representation and other relevant documents before respondent No.1 within one month from today and respondent No.1 shall pass the appropriate orders in accordance with Rules within a period of four months thereafter. The opportunity of personal hearing shall also be given to the petitioner by respondent No.1, if prayer is made in that regard by the petitioner. 5. The writ petition stands disposed of, so also the pending application(s), if any. ( V.K. Ahuja ), December 9, 2010 Judge (pankaj)