LAXMI NARAIN YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this OA applicant has challenged Annexure-1 dated 11.4.2003 whereby respondents have re-fixed applicant's pay w.e.f. 1.1.1973 and also directed recovery to be made from him after taking into consideration his representation made in response to respondents show cause notice Annexure-2 dated 3.1.2002.

(2.) It has been averred that applicant had earlier filed case No. 77/52 before the Authority under Payment of Wages Act, Bikaner. That case was decided favouring applicant. Respondents appeal thereagainst was partly allowed by the District Judge, Bikaner vide orders dated 17.9.1990 (Annexure-7) declaring that applicant's next date of increment should be 19.8.1968 when his basic pay should have been Rs. 170/- per month. Respondents appeal against the orders of the District Judge was rejected. Applicant had filed OA No. 2558/2001 before the Tribunal seeking re-fixation of his pay on the basis of the findings of the District Judge. During the pendency of that OA respondents issued a show cause notice dated 2.1.2002 to applicant for re-fixation of his pay. The OA was disposed of on 15.11.2002 with a direction that applicant should submit a reply to show cause notice of 2.1.2002 and that applicant would be at liberty to take all legal and factual pleas available to him before the authorities. Respondents were directed to consider applicant's reply and pass a speaking order while fixing his pay. It is alleged that respondents have not considered applicant's representation dated 5.9.2003 properly and have passed the impugned order in an arbitrary manner.

(3.) RESPONDENTS had been directed to file an additional affidavit to explain how applicant's pay was fixed during the period after expiry of leave without pay on 30.6.1969. Through their affidavit filed with MA No. 356/2006 respondents have attempted to explain re-fixation of pay from 1.1.1973. However, the period prior to 1.1.1973 has remained unexplained.