Punjab-Haryana High Court
Kawal Jeet Rai And Others vs The State Of Haryana And Others on 24 January, 2013
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
CWP No. 1536 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 1536 of 2013
Date of Decision : 24.01.2013
Kawal Jeet Rai and others ...... Petitioners
Versus
The State of Haryana and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present:- Mr. Deepak Sabherwal, Advocate for the petitioners.
Tejinder Singh Dhindsa, J.
Petitioners have approached this Court praying for issuance of a writ of mandamus directing the respondents to grant them technical pay scale as per the Finance Department Circular dated 30.3.1982 (Annexure-P-
2), according to which the petitioners are entitled to the pay scale of Rs. 480-760 with effect from 1.2.1981. Their contention is that similar placed employees had earlier approached this Court by filing CWP No. 8055 of 1988 Ram Swaroop and others Versus The State of Haryana and others, which was decided by this Court on 7.12.2011 (Annexure-P-6), allowing the claim as made by the petitioners in the said writ petition.
Counsel for the petitioners contends that claiming the said benefit, petitioners have served a representation dated 1.5.2012 (Annexure- P-9) to the respondents, but till date no decision thereon has been taken or conveyed to the petitioners. He further submits that the petitioners are suffering a recurring financial loss each month because of which cause of action survives. Their arrears may be restricted to 38 months prior to the date of claim, which has been submitted by them. Counsel further contends that the petitioners, at this stage, will be satisfied, if a direction is issued to CWP No. 1536 of 2013 -2- respondent No.4 to consider and decide the representation dated 1.5.2012 (Annexure-P-9) within some specified time.
Without going into the merits of the case or commenting thereon, the present petition is disposed of, in the light of submission made by counsel for the petitioners, with a direction to respondent No. 4 to consider and decide the representation dated 1.5.2012 (Annexure-P-9) within a period of three months from the date of receipt of certified copy of this order. The decision, so taken, be conveyed to the petitioners forthwith. In case, the petitioners are held entitled to the claim made by them through their representation dated 1.5.2012 (Annexure-P-9), the consequential benefits, if any, be released to them, in accordance with law, within a further period of four months.
It is clarified that in the eventuality of the petitioners being found entitled to the technical pay scales, it shall be open for the respondent-authorities to confine the benefit of actual arrears to a period of 38 months prior to the filing of the present writ petition.
Disposed of.
January 24, 2013 (TEJINDER SINGH DHINDSA) harjeet JUDGE