IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 1874 of 2008. Decided on: 12.3.2010. Kali Dass ….. Petitioner. Versus State of H.P & ors. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the petitioner : Mr. R,K,Sharma, Advocate. For the Respondents : Mr. R.K.Sharma, Sr. Addl. AG. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner has challenged the recovery sought to be made from the petitioner’s salary. While in adhoc service, the petitioner underwent the sterilization operation on 21.1.1983 and he was given benefit of increment when he joined the regular service on 25.3.1985. According to the respondent, the petitioner cannot be granted the benefit of sterilization operation, since at the relevant time, he was only on adhoc service. But, it is to be seen that the petitioner has since been regularized in service and whether in adhoc or regular service, fact remains that, probably on account of the incentive, the petitioner has undergone the sterilization operation. All that apart, it is seen that the incentive given in the year 1983 is sought to be recovered only after 25 years. We do not find any justification for such steps taken after a long delay of 25 years. To permit so would certainly be unjust and unreasonable. We do not -2- hence find any justification in the impugned action, the same is accordingly set aside and the Writ Petition is allowed, as above. The petition stands disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice March 12, 2010 ( Justice R.B.Misra ), (ks/tr) Judge.