IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1307 of 2011. Decided on: March 21, 2011. Yog Raj. ……….Petitioner. Versus State of H.P. & ors. ……….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Mr. A.K. Gupta, Advocate. For the Respondents: Mr. R.K. Bawa, AG with Mr. Ankush Dass, Addl. AG and Mr. J.K. Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) Challenge is on Annexure P-1. It is a memorandum issued on 11.12.2009. It is a show cause notice requiring the petitioner to show cause why his pay should not be down graded to that of Technician (Grade II ), in the pay scale of 4020-6200 w.e.f. 1.1.2006, consequent on the revision of seniority. The petitioner submits that he had already appeared before the authority and has explained the position. The petitioner apprehends that even the arrears which have accrued in the event of the pay being re-fixed would be recovered. These are all matters for the petitioner to point out before the authority. Ordinarily, when the pay is re-fixed, the benefits already paid are not to be recovered, since the re-fixation is on account of revision of seniority or on other grounds. There is no case for the respondents that there is any inducement for such a wrong fixation. These aspects will also be considered by the authority concerned while taking the decision in the matter. 2. The writ petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. March 21, 2011. ( Justice Sanjay Karol), (karan/vs) Judge. 2