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2026 DAILYLAW 11810 (HP)

STATE OF HP AND OTHERS v. Sukh Dev Kalia

CMP.M/498/2026 · 2026-06-15

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2026

Judgment text

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State of H.P. and others vs. Sukh Dev Kalia [Item S-6] CMP(M) No. 498 of 2026 15.06.2026 Present: Ms. Priyanka Chauhan, Deputy Advocate General, for the appellants/State. CMP(M) No. 498 of 2026 Keeping in view the averments made in the application, duly supported by the affidavit of the official, delay of 169 days in filing the appeal is condoned. The application stands disposed of. LPA No. ______ of 2026 & CMP No._____ of 2026. Be registered. Inter alia, it is contended that the employee had been granted Grade Pay wrongly at Rs. 5400/-, whereas it was Rs. 4400/-, as per the office order dated 9th August, 2019 (Annexure P-1). At that point of time, the employee was working as a Principal and was also the Drawing and Disbursing Officer and was aware that it was a wrong fixation. He retired on 31st August, 2022 and, thereafter, on 17.10.2022 (Annexure P-2), the pay was re-fixed at Rs. 4400/-. Resultantly, on 21st October, 2022 (Annexure P-3), a recovery order was passed. It is submitted that the learned Single Judge had quashed the said order (Annexure P-3) and has not granted any liberty to the State to re-fix the pay, which ought to have been done by following the appropriate proceedings, by issuing notice and calling upon the employee to show cause, which apparently has not been done. It is submitted that the order is unsustainable. Keeping in view the above, on taking steps within one week, issue notice to the respondent, returnable for 3rd August, 2026. Till further orders, the operation of the impugned judgment shall remain stayed. List on 03.08.2026. (G.S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge 15th June, 2026 (Tarun Singh)