IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 2823 of 2008. Decided on: 18.3.2009. ___________________________________________________________ Shri Joginder Singh … Petitioner. Versus H.R.T.C. and others. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Yes. For the Petitioner : Mr. Bhuvnesh Sharma, Advocate. For the Respondents : Mr. Adarsh Sharma, Advocate. ___________________________________________________________ Rajiv Sharma, Judge (Oral). The petitioner was placed in the senior scale of Rs. 1200-2100 with effect from 1.1.1986 on the basis of notification dated 8.10.1990. However, the same was withdrawn vide Annexure A-4 dated 5.4.1995. The petitioner approached the learned H.P. Administrative Tribunal for redressal of his grievance. The learned Tribunal directed the original application to be treated as representation by the Managing Director. The same was rejected by the Managing Director on 22.8.1995. Mr. Bhuvnesh Sharma has strenuously argued that the senior scale has been granted to his client on the basis of notification dated 8.10.1990 and the same could not be withdrawn as per notification dated 23.9.1991. Mr. Adarsh Sharma has argued that the petitioner’s service record was required to be considered as per notification 1 Whether reporters of the local papers may be allowed to see the judgment?Yes. dated 23.9.1991. His further contention is that after taking into consideration his service record, senior scale granted to him has been rightly withdrawn. I have heard the learned counsel for the parties and have perused the record carefully. The petitioner was granted senior scale on the basis of notification dated 8.10.1990. The instructions on the basis of which this has been withdrawn had been issued on 23.9.1991. These instructions would apply prospectively and could not destroy the rights accrued to the petitioner on the basis of earlier notification dated 8.10.1990. The condition of considering the service record for releasing the senior scale was only incorporated vide notification dated 23.9.1991. Accordingly, the writ petition is allowed. The Office Order Annexure A-4 dated 5.4.1995 and memorandum Annexure A-6 dated 22.8.1995 are quashed and set aside. Consequently, the earlier order dated 21.2.1991 stands revived. No costs. (Rajiv Sharma), J. March 18, 2009. (cr)