Punjab-Haryana High Court
Tejinder Singh Gupta & Ors vs State Of Punjab And Others on 20 July, 2010
Author: Surya Kant
Bench: Surya Kant
CWP No.18401 of 2006.doc -1-
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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CWP No.18401 of 2006
Date of Decision: 20.07.2010
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Tejinder Singh Gupta & Ors. . . . . . Petitioner
VS.
State of Punjab and others . . . . . Respondents
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CORAM : HON'BLE MR.JUSTICE SURYA KANT
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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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Present: Mr. Ashwani Kumar Chopra, Senior Advocate with
Mr. ND Kalra, Advocate for the petitioners
Mr. H.S. Brar, Addl. AG Punjab
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SURYA KANT J. (ORAL)
(1). This order shall dispose of CWP Nos.18401 & 18534 of 2006 as common issues are involved in these cases. The petitioners herein are working as Inspectors (Audits) in the Office of Chief Auditor, Cooperative Societies, Punjab. They seek a direction for the grant of pay scale of Rs.5800-9200/- as has been granted to other similarly-situated Inspectors (Audits) vide order dated 07.07.2005 (Annexure P7) in compliance to the decision dated February 26, 2003 rendered by this Court in CWP No.14174 of 1995 (Harbhajan Singh CWP No.18401 of 2006.doc -2- Bajwa & Ors. v. State of Punjab & Ors.) (Annexure P6) with all consequential benefits.
(2). It may be mentioned here that the respondents had preferred LPA No.376 of 2003 against the above-stated decision which stands dismissed by a Division Bench of this Court vide judgement dated 17.10.2008 (Annexure A1). The SLP preferred by the respondents against the Division Bench judgement has also been declined.
(3). Having heard learned counsel for the petitioner and keeping in view the fact that the issue raised herein is no longer res integra, I am of the view that the writ petition deserves to be succeeded. The same is accordingly allowed in terms of the order dated October 17, 2008 passed by this Court in LPA No.376 of 2003 and the petitioner(s) are held entitled to the pay scale of Rs.1800-3200 w.e.f. 01.01.1986 to be fixed notionally without paying them any arrears, followed by the grant of consequential revised pay scale w.e.f. 01.01.1996 and 01.01.2006. The petitioner(s), however, shall be entitled to the actual monetary benefits for a period of 38 months only immediate prior to the date of filing of this writ petition as directed by the LPA bench.
CWP No.18401 of 2006.doc -3-(4). The needful shall be done within a period of four months from the date of receipt of a certified copy of this order.
(5). Ordered accordingly.
(6). Dasti.
(SURYA KANT)
JUDGE
20.07.2010
vishal shonkar