Punjab-Haryana High Court
Dr. Naresh Kumar Kataria And Others vs State Of Punjab And Others on 5 January, 2012
Author: Surya Kant
Bench: Surya Kant
C.W.P. No.23138 of 2010 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.23138 of 2010(O&M)
Date of Decision : January 05 , 2012.
Dr. Naresh Kumar Kataria and others
petitioners
versus
State of Punjab and others
.....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr. Rajiv Atma Ram, Senior Advocate with
Mr. Nikhil K. Chopra, Advocate for the petitioners.
Mr. Suvir Sehgal,Addl.A.G.Punjab.
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1. Whether Reporters of Local papers may be allowed to see the
judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Surya Kant, J. (Oral)
This order shall dispose of C.W.P. No. 23138 of 2010 and C.W.P. Nos. 9708 and 3234 of 2011 involving common questions. For brevity, the facts are being extracted from C.W.P. No.23138 of 2010.
2. The petitioners seek quashing of orders dated 28.11.2000( Annexure P/9), 13.9.2001 ( Annexure P/10), 19.5.1998 ( Annexure P/11) and 27.5.2009 ( Annexure P/12) . They also seek a mandamus to equate and grant them the same revised pay CWP No.23138 of 2010 [2] scales(s) as have been granted to their counter-parts in the Animal Husbandry Department.
3. When the matter came up for preliminary hearing on December 23,3010, the following order was passed by this Court:-
"Inter-alia relies upon the Circulars dated 18.8.1992 and 18.9.1992 ( Annexures P-3 and P-4 ) to contend that there is a conscious decision taken by the State Government to equate the petitioners with the members of Veterinary Service, hence the equivalence in pay scale has to be maintained at the subsequent stage of revision of pay scales also.
Notice of motion for 22.2.2011."
4. On a reconsideration of the matter, the respondents have now passed the order dated 21.12.2011 ( annexure P/20) whereby the claim of pay parity raised by the petitioners has been accepted,however, with a rider that they shall not be entitled to any arrears or of fixation of pay on notional basis from the due date(s).
5. Having heard learned counsel for the parties at some length, I am of the considered view that though there might be some justification in not paying the arrears of revised pay, but, there can be no rhyme or reason to deny the petitioners the benefit of fixation of pay on notional basis from the due date(s).
6. The writ petition though has been in a way rendered infructuous as the impugned orders Annexures P/9 to P/11 stand C.W.P. No.23138 of 2010 3 substituted vide the subsequent order dated 21.12.2011 ( Annexure P/20). The aforesaid order dated 21.12.2011,however, is modified to the extent that the petitioners are held entitled to notional fixation pay fixation from the due dates.
7. Similarly, the petitioners shall be at liberty to represent for the grant of arrears of pay for a period of 38 months immediate prior to the filing of this writ petition along with copies of the decisions of this Court supporting their claim and the said representation shall be considered by the State Government in the light of those binding decisions within four months from the date of receipt of a certified copy of this order.
8. Where the employees have since retired from service meanwhile, it is directed that after fixing their pay on notional basis, the consequential refixation of pension shall also take place. The needful be done within four months from the date of receipt of a certified copy of this order.
9. Ordered accordingly.
Dasti.
January 05, 2012 (SURYA KANT) sks JUDGE