Punjab-Haryana High Court
Ishwar Chander Aggarwal vs State Of Punjab And Another on 21 January, 2014
Bench: Jasbir Singh, Harinder Singh Sidhu
CWP No. 9486 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: 21.01.2014
CWP No. 9486 of 2013
Ishwar Chander Aggarwal
...Appellant
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: - Mr. T.N. Gupta, Advocate
for the petitioner.
Mr. Gourav Garg Dhuriwala, DAG, Punjab
Mr. Vikash Sharma, Advocate
for respondent No.2.
JASBIR SINGH,J (Oral)
The petitioner joined Punjab Civil Service (Judicial Branch) on 12.11.1965. He retired from service as District & Sessions Judge, Gurdaspur in Super Time Scale on 31.10.1997. The pay scale of the Punjab employees were revised by the State as per Punjab Civil Services (Revised Pay) Rules, 1998 (for short 'the Rules') w.e.f. 01.01.1996. The pay scales of the Judicial Officers was further revised on recommendation of the First Judicial Pay Commission as approved by Hon'ble Supreme Court in the judgment titled as 'All All India Judges Association Vs. Union of India (2002) 4 SCC 247.
247 The above said decision was effected qua all other Officers working in PCS Judicial Branch.
It is the grievance of the petitioner that one Shri K.K. Garg who was junior to him was given four additional increments under Rule 7 of the Rule. It is necessary to note here that the benefit was given to Shri K.K. Garg in terms of the ratio of the Atul Kumar Tripathi 2014.02.24 12:42 I attest to the accuracy and integrity of this document Chandigarh CWP No. 9486 of 2013 -2- judgment of this Court in CWP No. 1316 of 2007 titled as 'K.K. Garg v. State of Punjab and another' decided on 26.11.2008. The petitioner, thereafter filed a representation on 19.04.2010 but he failed to get anything. He came to this Court by filing CWP No. 6670 of 2011, which was disposed of on 20.04.2011 with a direction to the respondent-State to decide the representation filed by the petitioner in a time bound manner.
It is not in dispute that qua claim of the petitioner, respondent No.2 supported the case of the petitioner and it was recommended to the Government to release the benefit, which was released in favour of Sh. K.K. Garg. However, representation was declined vide letter dated 07.12.2012. It was stated that proposal of respondent No.2 cannot be conceded for granting four increments on account of bunching/stagnation to Judicial Officers. The above view is wholly untenable.
It is admitted fact that Shri K.K. Garg was junior to the petitioner. When benefit of four increments was not given in terms of Rule 7 of the Rules, he came to this Court by filing CWP No. 1316 of 2007 (supra). In the above said case, same dispute regarding claiming benefit of increments on account of stagnation was involved. By taking note of the fact and by referring to revision of pay scale w.e.f. 01.01.1996, learned Single Judge came to the conclusion that Shri K.K. Garg was entitled to relief claimed by him. Similar relief was claimed by the petitioner by stating that it was granted to his junior but it was arbitrarily declined to him.
Counsel for the State has failed to distinguish the judgment passed in K.K. Garg's case (supra) and show as to how Atul Kumar Tripathi 2014.02.24 12:42 I attest to the accuracy and integrity of this document Chandigarh CWP No. 9486 of 2013 -3- it is not applicable to the facts of the present case.
Under the aforesaid circumstances, we allow the writ petition and communication dated 23.12.2012(P-8) is quashed. The State Government is directed to re-fix the salary of the petitioner by giving benefit of four increments.
Let the arrears be calculated to the pay of the petitioner and retiral benefit shall also be re-fixed in the light of re-fixation of pay as ordered by this Court in K.K. Garg's case (supra). The arrears be paid to the petitioner along with interest @ 8% per annum.
Needful shall be done within a period of four months from the date of certified copy of this order.
(JASBIR SINGH) Judge (HARINDER SINGH SIDHU) Judge January 21, 2014 Atul Atul Kumar Tripathi 2014.02.24 12:42 I attest to the accuracy and integrity of this document Chandigarh