CWP(T) No. 5055/2008 (OA 762/98) 12.05.2010 Present: None for the petitioner. Mr. P. M. Negi, Dy. Advocate General, for the respondents. The matter was listed yesterday when inspite of several pass over none appeared on behalf of the petitioner. Consequently the matter was listed for today. Even today none has appeared on his behalf. 2. The petitioner is aggrieved of the fact that in terms of order dated 8.2.1996 (Annexure A-2) his pay stands refixed at a lower scale. Petitioner joined as a Junior Engineer w.e.f. 22.10.1962. He was promoted as Assistant Engineer w.e.f. 14.11.1986. With effect from 1.10.1977 his basic pay was fixed at Rs. 400 per month. He was granted selection grade scale of Rs. 450-25-500 w.e.f. 1.1.1978. 3. Persons senior to him filed O.A. No. 1094/93, titled as Pawan Kumar Gupta and another versus State of H.P. and others claiming higher pay scale than what was awarded to the petitioner. While examining the matter in totality, the Finance Department of the State noticed the mistake which had crept in while fixing petitioner’s pay scale in terms of order dated 22.10.1983 (Annexure R-A). He had been wrongly given higher pay scale. The matter was deliberated at length and the mistake was sought to be corrected under F.R. 22(I)(a)(2) [Old F.R. 22(a)(ii)]. In consultation with the Finance Department a decision was taken by the State to refix the petitioner’s selection grade scale at Rs. 450/- w.e.f. 1.1.1978. The next increment obviously was after a period of twelve months. -2- 4. Hence from the record it cannot be said that the action of the respondents is illegal, ultra vires or contrary to the settled position of law. The fixation of the petitioner’s pay is in accordance with law and the mistake which had inadvertently crept in was sought to be corrected in terms of the impugned order. 5. No legally enforceable right of the petitioner stands violated. Hence the present petition stands dismissed. (Sanjay Karol), Judge. May 12, 2010 (PK)