Punjab-Haryana High Court
Harphool Singh And Others vs State Of Haryana And Others on 19 October, 2012
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. Civil Writ Petition No.13421 of 2010
Harphool Singh and others ... Petitioners
Versus
State of Haryana and others ... Respondents
2. Civil Writ Petition No.16309 of 2010
Heri Singh and others ... Petitioners
Versus
State of Haryana and others ... Respondents
3. Civil Writ Petition No.17070 of 2010
Dyakishan Sharma and others ... Petitioners
Versus
State of Haryana and others ... Respondents
4. Civil Writ Petition No.17081 of 2010
Som Nath and others ... Petitioners
Versus
State of Haryana and others ... Respondents
5. Civil Writ Petition No.23092 of 2011
Sewa Nivrat Nagar Parishad Sangh ... Petitioner
Versus
State of Haryana and others ... Respondents
6. Civil Writ Petition No.23208 of 2011
Nagar Parishad Sewa Nivrat Employees Union ... Petitioner
Versus
State of Haryana and others ... Respondents
7. Civil Writ Petition No.24268 of 2011
Ram Partap and others ... Petitioners
Versus
State of Haryana and others ... Respondents
8. Civil Writ Petition No.16950 of 2012
Dharam Pal and others ... Petitioners
Versus
State of Haryana and others ... Respondents
9. Civil Writ Petition No.5999 of 2012
Om Parkash and others ... Petitioners
Versus
State of Haryana and others ... Respondents
Civil Writ Petition No.13421 of 2010 2
and other connected cases
Date of decision: 19th October, 2012
CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Dr. Pankaj Nanhera, Advocate,
Mr. Ashutosh Vig, Advocate for Dr. Surya Parkash, Advocate,
Mr. Ajay Chaudhary, Advocate, and
Mr. Raman Sharma, Advocate
for the petitioners.
Mr. Ashok Jindal, Addl. Advocate General, Haryana.
Mr. Raman B. Garg, Advocate for respondent No.4
in CWP No.13421 of 2010;
and for respondent No.3
in CWP Nos.23092 & 23208 of 2011 and 5999 of 2012.
Mr. G.S. Hooda, Advocate for respondent No.4
in CWP No.16309 of 2010.
Mr. Namit Gautam, Advocate for respondent No.4
in CWP Nos.17070 & 17081 of 2010.
Mr. Ashwani Kumar Bura, Advocate for respondent No.3
in CWP Nos.24268 of 2011 & 16950 of 2012.
RAKESH KUMAR GARG, J. (ORAL)
Petitioners, in all the present writ petitions, were employees of Municipalities in the State of Haryana. Some of the petitioners retired from their services before 01.01.2006 and others retired after 01.01.2006. The State Government revised the pay-scales of its employees with effect from 01.01.2006 and granted the benefit of revised pay-scales to its employees and pensioners. However, vide Memo dated 12.03.2010, the respondent- State decided to grant the benefit of revised pension to the retired employees of Municipalities in the State of Haryana with effect from 01.04.2010 instead of 01.01.2006. The said action of the respondent-State is under challenge in these writ petitions.
After noticing the contentions raised before this Court, the following order was passed on 31.08.2012: Civil Writ Petition No.13421 of 2010 3
and other connected cases "Counsel for the petitioners has relied upon number of judgments passed by this Court such as CWP No.19942 of 2010 (Nagarpalika Karamchari Sangh, Haryana, Ambala City Branch, versus State of Haryana & ors.) decided on 4.7.2012 and CWP No.16502 of 2011 (Brij Lal Vadhwa & ors. Versus The State of Haryana & ors) decided on 3.2.2012, to contend that the subject matter in dispute has already been conceded by the State of Haryana and thus, the instant case is covered by the aforesaid decision.
Learned State counsel seeks short adjournment to get instructions.
List on 14.9.2012.
To be shown in the urgent list."
On 14.09.2012, learned State counsel had informed this Court that the matter is pending before the Division Bench in LPA No.1169 of 2012 arising out of a similar CWP No.15192 of 2010. However, today before this Court it could not be disputed by the learned counsel for the respondents that the aforesaid LPA stood dismissed vide judgment dated 08.10.2012 passed by this Court, and thus, the counsel appearing on behalf of the respondents could not dispute the fact that the present writ petitions are covered by the judgments of this Court in CWP No.19942 of 2010 (Nagarpalika Karamchari Sangh, Haryana, Ambala City Branch, versus State of Haryana & ors.) decided on 4.7.2012 and CWP No.16502 of 2011 (Brij Lal Vadhwa & ors. Versus The State of Haryana & ors) decided on 3.2.2012 and in CWP No.15192 of 2010 titled as 'Harbans Lal and others v.
State of Haryana and another' which has been affirmed vide judgment dated 8.10.2012 passed in LPA No.1169 of 2012 Civil Writ Petition No.13421 of 2010 4 and other connected cases In view of the aforesaid, all the present writ petitions are disposed of in terms of the aforesaid judgments.
(RAKESH KUMAR GARG) JUDGE October 19, 2012 rps