Uttarakhand High Court
WPSS/1457/2021 on 18 November, 2021
Office Notes, reports,
SL. orders or proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and Registrar's
order with Signatures
18.11.2021
WPSS No. 1457 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. I.D. Paliwal, Advocate, for the
petitioner.
Mr. Lalit Samant, Advocate, for the
respondents.
As a consequence of the judgement
which had been rendered by this Court on 18th
April 2006, which was later on affirmed by the
Hon'ble Apex Court by the judgment dated 13th
November 2006, the petitioner, who was
serving with the respondents, had been
reinstated into the services. Consequent to the
reinstatement into the services, the petitioner
was extended with the benefits of the second
ACP by virtue of an order dated 1st May 2013,
and since then, he was being remitted with the
same; but, however, by the impugned Notice
dated 17th August 2021, the petitioner had been
called upon by the Assistant General Manager
(Administration) to submit his reply as to why
the benefit of the second ACP, which has been
granted to the petitioner with effect from 1st
May 2013, may not be amended and withdrawn
according to the terms of the Notice.
The learned counsel for the petitioner
submits, that in pursuance to the said Notice,
which had been issued to the petitioner, he had
already submitted his reply on 28th October
2021, and the same is pending consideration;
but till date no decision has been taken as such
on the same. While on the other hand, in
pursuance to the consequences of the Notice
dated 17th August 2021, in fact, the deductions
from the salary of the petitioner had been
proceeded to be made by the respondents,
without actually and effectively adjudicating
upon the representation/objection submitted by
the petitioner on 28th October 2021, in response
to the Notice of the respondents.
Since still the decision has to be taken
by the respondents on merits of the notice dated
27th August 2021 and until and unless it is
crystallised, that the grant of the benefit of the
second ACP to the petitioner with effect from
1st May 2013, suffered from any legal and
apparent vices or there was illegality in
extension of the said benefit, first of all, there
has had to be a determination before an actual
action of deduction is made.
In that eventuality, since the petitioner
had submitted his reply on 28th October 2021,
the Assistant General Manager/respondent is
directed to consider the said reply given in
response to the notice of 17th August 2021. The
decision on the same would be taken by the
Assistant General Manager (Administration)
within a period of two months from the date of
production of the certified copy of this order.
It is made clear, that prior to making
the decisions on the reply/objection of the
petitioner dated 28th October 2021, no
deduction is to be made from the salary of the
petitioner after the the benefit of the second
ACP, which was granted to him way back on
1st May 2013.
Subject to above observations, writ
petition stands disposed of.
(Sharad Kumar Sharma, J.)
18.11.2021
Mahinder/
