IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No.1909 /2008 Decided on:23.2.2011 _____________________________________________ Smt. Anjula. …Petitioner. Versus Himachal Pradesh State Electricity Board and another. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Yes. For the petitioner : Nemo. For the Respondents: Mr. Shashi Shirshoo, Advocate. _____________________________________________________ Rajiv Sharma, Judge (oral). Case of the petitioner, in a nutshell, is that she was engaged as a Clerk on 28.8.1987 on compassionate basis and has qualified the typing test on 22.10.1997. She has been paid increments and other consequential benefits. However, vide impugned order Annexures A-4 dated 11.1.2008 and RA—1 dated 23.1.2007, she has been directed to pay a sum of Rs. 74,778/-. According to the contents of Annexure RA-1, financial benefit of annual increment, in the pay scale of 1 Whether reporters of the local papers may be allowed to see the judgment? Yes. 2 Rs. 1200-2100 was admissible to the petitioner with effect from 10.11.1997. However, the same was wrongly granted to her with effect from 1.9.1988 irrespective of passing type test. It is in these circumstances, the petitioner has been called upon to pay a sum of Rs. 74,778/-. 2. Case of respondent-Board is that Annexures RA-1 and A-4 have been issued on the basis of Annexure RA-2 dated 26.2.1990. It will be apt at this stage to refer to appointment letter issued to the petitioner vide Annexure A-1 dated 28.8.1987, which provides that she will have to qualify the typing test, otherwise she will neither be allowed to cross the efficiency bar nor she will be considered for confirmation and further promotion till she qualifies the typing test. Annexure RA-2 has been issued on 26.2.1990 whereby in case of those persons, who were appointed on compassionate basis as Clerks either due to death of their parents/brothers/sister in service or due to retirement of their parents on medical grounds were not to be allowed the senior scale till they qualify the typing test. Annexure RA-2 could not be applied to the petitioner retrospectively, who was appointed on 28.8.1987, which is the very basis of Annexure RA-1 dated 23.1.2007. Respondents have wrongly applied Annexure RA-2 dated 26.2.1990. There was no condition 3 imposed in the appointment letter of the petitioner that she will not get higher scale till she passes the typing test. In view of this, petitioner has rightly been granted the senior scale of Rs. 1200-2100 and 1500-2700 with effect from 1.9.1988. Moreover, the petitioner has neither misled nor misrepresented the authorities at the time when she was granted senior scale to her. She has never been issued any show cause notice before the issuance of Annexure RA-1 dated 23.1.2007 and Annexure A-4 dated 11.1.2008. 3. Accordingly, in view of the observations and discussions made hereinabove, the petition is allowed. Annexure A-4 dated 11.1.2008 is quashed and set aside. There shall, however, be no order as to costs. (Rajiv Sharma), Judge 23.2.2011 *awasthi*