IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 123 of 2009. Decided on: March 11, 2010 State of Himachal Pradesh and another ….. Appellant. Versus Rajinder Singh …… Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Appellant : Mr. R.K. Sharma, Sr. Addl. Advocate General. For the Respondent: Mr. Ramakant Sharma, Advocate. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) CMP(M) No. 878 of 2009 This is an application for condonation of delay in filing the appeal. Heard learned counsel. Having gone through the affidavit accompanying the application, we are satisfied that the delay is liable to be condoned. Accordingly, the delay is condoned. The appeal shall be treated to have been filed in time. LPA No. 123 of 2009 Admitted. The State is aggrieved by the judgment of the learned Single Judge in CWP(T) No. 2656 of 2008. The simple issue pertains to the fixation of 2 the wages. The Writ petitioner is an ex-serviceman. According to him, he was drawing higher salary while serving in the Army than after joining the State employement. The further contention is that as per order dated 2nd June, 1986, he was entitled to the pay protection. The only benefit the Writ petitioner has sought before us is the benefit flowing out of order dated 2nd June, 1986. The State apprehends that the Writ Petitioner had claimed some more benefits. But we do not find that the learned Single Judge has granted any more benefit than the benefit flowing out of the order, referred to above, though there was a prayer for re-fixation of seniority, promotion etc. Therefore, there is no basis in the argument by the learned Senior Additional Advocate General that the learned Single Judge has allowed the application in toto. What has been granted is the fixation of pay of the petitioner in the light of Annexure A-3 dated 2nd June, 1986. Therefore, the Letters Patent Appeal is dismissed, subject to the above clarification. In case the benefits have not been disbursed so far, the same shall be disbursed within a period of two weeks from the date of production of a copy of this judgment and if not, the Officer responsible shall be personally liable to pay the same. The pending application shall also stand disposed of. (Justice Kurian Joseph), Chief Justice March 11, 2010 (Justice R.B. Misra), (rks) Judge.