IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.: 944 of 2007. Reserved on: 14.08.2008. Decided on: 23.09.2008. Subhash Chand. … … … Petitioner. Versus Union of India and Others. … … … Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioner: Mr. B.N. Mehta, Advocate. For the Respondents: Mr. Anup Rattan, Central Government Counsel. Rajiv Sharma, Judge: The brief facts necessary for the adjudication of this petition are that the petitioner joined the I.T.B.P. Force on 27.7.1991 as Constable General Duty in the 6th Battalion of the force at Sarahan, H.P. and lastly he was posted in 17th Battalion at Reckong Peo, H.P. Charge sheet was issued to him vide order dated 20th September, 2006 charging him that he left the forward post on 15.9.2006 at 1800 hours without any information or permission. The disciplinary proceedings against him culminated in order dated 7th December, 2006 whereby he was Whether reporters of local papers may be allowed to see the judgment? No. - 2 - compulsorily retired from service and his name was struck off from the strength of 17th STB Company with effect from 7th December, 2006. He preferred an appeal against the order dated 7th December, 2006 on 22nd December, 2006. The statutory appeal preferred by the petitioner was rejected by the Appellate Authority on 7.3.2007. It appears from the record that on the basis of the recommendations made by JAG Branch, The Director General pardoned the petitioner and he was directed to be reinstated with effect from 28th August, 2007. This fact has been brought to the notice of the Court by way of CMP No.1258 of 2008. The respondents have not chosen to file reply to the writ petition despite the notices issued to them on 4.7.2007 and 24.10.2007. Mr. B.N. Mehta, Advocate has strenuously argued that though the order dated 7th December, 2006 has been set aside and his client has been reinstated with effect from 28th August, 2007, however, he has not been paid pay and allowances for 264 days with effect from 8.12.2006 to 28.8.2007 as per order dated 9th September, 2007. Mr. Anup Rattan has supported the order dated 9th September, 2007. It is clear from the facts enumerated hereinabove that initially the petitioner was compulsorily retired from service w.e.f. 7th December, 2006 and he assailed this order in appeal dated 22.12.2006 which was also rejected. However, as per memorandum dated 13.8.2007, he was reinstated, but he has been denied pay and allowances w.e.f. 8.12.2006 till the date of his reinstatement. Once the petitioner has been reinstated and his order of compulsory retirement dated 7th December, 2006 has been set aside, he was entitled to get the salary and allowances for 264 days. The respondents have not assigned any reason why the petitioner has been - 3 - deprived of his salary and allowances for 264 days. It is settled law that salary/pay is a property within the meaning of Article 300-A of the Constitution of India. No person can be deprived of his salary/pay save and except in accordance with law. The learned counsel appearing on behalf of respondents could not refer to any rule or the regulation on the basis of which the petitioner has been deprived of his pay and allowances for 264 days. His compulsory retirement has been set aside after due application of mind. He was always ready and willing to serve the Organization and it was only due to the order dated 7th December, 2006 that he was compulsorily retired. He could not be faulted in any manner for not working for 264 days since he was prevented from doing so on the basis of letter dated 7th December, 2006. Since the petitioner has been reinstated in service with effect from 28th August, 2007, he is entitled to get pay and allowances for 264 days. Consequently, the writ petition is allowed and the order dated 9th September, 2007 is quashed and set aside and the respondent are directed to release the pay and allowances of the petitioner for 264 days (8.12.2006 to 28.8.2007) with interest at the rate of 9% per annum within eight weeks from today. No costs. September 23, 2008. (Rajiv Sharma) (sck). Judge.