State of H. P. & Anr. vs. Vijay Kumar Chibber & Anr. Item No. D-17 CMP(M) No. 2019 of 2025 29.12.2025 Present: Mr. Pranay Pratap Singh, Additional Advocate General, for the applicants/appellants. Mr. Karan Singh Parmar, Advocate, for the respondents. For the reasons stated in the application, which is duly supported by the affidavit of the Engineer-in-Chief, HPPWD, Shimla, the delay of 10 days in filing appeal is condoned. 2. Application stands disposed of. LPA No. _______/2025 3. Be registered. 4. Inter alia contends that the findings recorded by the learned Single Judge that the reduction of pay-scale was after an inordinate delay of six years is not justified, which had led to the order dated 16.08.2023 (Annexure P-3) being quashed, whereby the Accountant General as such had pointed out the anomaly and revised the pay on account of the benefits of revision, which had been granted by the appellants- Department. 5. It is contended that the fixation was done on 04.05.2022 (Typed copy P-95), which was subject to the verification of the audit report. 6. It is submitted that in pursuance of the same, re- fixation was then done on 23.12.2022 in supersession of the first order and, thus, it is not that the recovery was being done after six years from the date of retirement i.e. 31.12.2016 as had been held by the learned Single Judge. 7. It is submitted that there is a specific case in the written statement also that there was no recovery on account of re-fixation and, therefore, even the direction as such to pay the arrears, thus, would not be justified. 8. Notice. Mr. Karan Singh Parmar, Advocate, appears and accepts service of notice on behalf of the respondents. CMP No. ______ /2025 9. Be registered. 10. The operation and execution of the judgment dated 28.07.2025, passed by the learned Single Judge in CWP No. 8999 of 2023, titled as vs. Vijay Kumar Chibber vs. State of Himachal Pradesh & Ors., shall remain stayed. List on 30.03.2026. (G. S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge 29th December, 2025(sanjeev)