HOW ONE MAY GET JUSTICE UNDER LAW CODE MANUAL PREFIXED BY THE CONSTITUTION OF INDIA

It is a matter of fact and concern that while a senior Advocate of the HPAT and the honourable High  court was consulted to file a claim with the contempt of court proceedings decided by the HPAT and too by the High court vide CWP(T) 15857/2008 dated 25-5-2011 it was denied to follow the contempt proceedings even though the orders referred by the Court had not been considered by the HOD for which clear directions issued to look into the matter and follow due benefits of the ACPS up to the possible extent laid by the HP Finance and considered by the Secretary of the department vide memo dated 21-5-2004 and again on 24-8-2010 is proof and evidence on the record .Further it is submitted in the matter that penalty carry no meanings under the law and rules and amended to rule 11 from rule 12 by disciplinary authority for which no reply of show cause notice considered for correction of wrong interpretation of law code manual prefixed by the government even clear vision of the HP Finance to benefit classification of posts and not to follow adverse proceedings vide number Fin -C -B- 9/78-lll dated 28-7-84 is proof and evidence on the record list by way and virtue of which the respective pay commission has issued clear instructions on 3-1-2022 with the comment noting that increments of the senior government employees should have not been stopped/ withheld by way of penalty or otherwise for which the disciplinary authority is responsible to do the needful and remove wrong interpretation of law code manual enforced illegally even instructions of the DOPT for which the government has initiated matter to take cognizance of the former cases on 30-8-2018 and collected the past performance and options admissibility at the level of higher office of the Chief Engineer and issued clarification to HOD for necessary observation and correction of the wrong interpretation of law and rules pointed by rule 10 (5)(c) and too by rule 11 of CCS and CCA 1965 however the issues of former cases are still lying pending with the government even final date of revision of the cases of ACPS declared concluded under the instructions vide memo dated 3-12-14 issued by the DOPT but still cases are lying pending for due benefits even revision by the Pay Commission too issued vide number Fin -PR-B-(7) -1/2021 dated 3-1-2022 is proof and evidence on the record of all concerned responsible to protect the financial benefits of the senior government employees processed with the provision made and procedure laid down by the HP Finance and Personnel to amend the Recruitment and promotion rules accordingly where found necessary by the government and the department concerned.

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