Punjab-Haryana High Court
Rehmat Ali And Others vs . State Of Haryana And Others on 8 February, 2010
Author: Permod Kohli
Bench: Permod Kohli
CWP No.16459 of 2000 1
In the High Court of Punjab and Haryana at Chandigarh
Date of decision: 08.02.2010
Rehmat Ali and others Vs. State of Haryana and others
CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI
Present: Mr.Ranjit Saini, Advocate, for the petitioners.
Mr.RS Kundu, Addl. AG, Haryana,for the respondents.
PERMOD KOHLI, J. (Oral):
CM No.1119 of 2010 C.M is allowed. With the consent of the learned counsel for the parties, the matter is taken up on Board for final disposal.
Heard the learned counsel for the parties.
The claim of the petitioners for placement in the revised pay scale of Rs.1200-2040/- with effect from 1.5.1990 has been rejected vide the impugned order 10.10.2000 (Annexure P-13), which has been challenged in the present writ petition. The aforesaid scale is being claimed on the ground that the petitioners are holding technical post.
In the reply filed by the respondents, it is admitted that the posts held by the petitioners are of technical nature.
The controversy involved in the present writ petition is CWP No.16459 of 2000 2 squarely covered by a judgment of this Court in the case of Shamsher Singh and others Vs. State of Haryana and others (CWP No.9510 of 1994) decided on 22.12.2008, wherein the following observations have been made:-
"In this view of the matter, the writ petition is allowed and the order dated 20.8.1992, Annexure P.3 is hereby quashed. The respondents are directed to re-fix the pay of the petitioners as indicated above, within a period of four months from the date a certified copy of this order is received. However, the payment of the arrears to the petitioners, on the aforesaid basis, is restricted to the period of 38 months prior to 7.2.1994 i.e. the date when they served the representation upon the respondents claiming the aforesaid modified pay scales."
The aforesaid judgment has been implemented by the government vide its order dated 25.05.2009.
In view of the above circumstances, this petition is allowed and it is directed that the petitioner shall be entitled the benefit in terms of the judgment aforesaid. Let the benefit be released to the petitioner CWP No.16459 of 2000 3 within a period of three months from the date a certified copy of this order is made available to the competent authority.
08.02.2010 (PERMOD KOHLI) BLS JUDGE
Whether to be referred to the Reporter? Yes/ NO