Punjab-Haryana High Court
Union Of India And Others vs Surjit Lal And Others on 20 September, 2012
Bench: Satish Kumar Mittal, Inderjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: September 20, 2012
(i) CWP No.18646 of 2011
Union of India and others
...Petitioners
VERSUS
Surjit Lal and others
...Respondents
(ii) CWP No.18912 of 2011
Union of India and others
...Petitioners
VERSUS
Tikkam Pal Singh and others
...Respondents
CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.G.S.Bal, Advocate
for the petitioners.
Mr.Balram Gupta, Senior Advocate with
Mr.Vijay Saini, Advocate
for respondent No.1
(in CWP No.18646 of 2011)
Mr.Pritam Saini, Advocate
for respondent No.1
(in CWP No.18912 of 2011)
SATISH KUMAR MITTAL, J. (ORAL)
This judgment shall dispose of two connected civil writ petitions; CWP No.18646 of 2011 and CWP No.18912 of 2011. The Union of India and others have filed these writ petitions challenging the order dated 01.06.2011 (Annexure P-4) and order CWP No.18646 of 2011 & connected case -2- dated 23.08.2011 (Annexure P-6) passed by the Central Administrative Tribunal, whereby, the two different O.As; O.A No.64- HR-2009 and O.A No.148-HR-2009 filed by private respondents, namely Surjit Lal and Tikkam Pal Singh respectively, were allowed and the directions were issued to fix the pay of the above-said private respondents afresh while protecting their pay in the grade of ` 1200- 1800 (pre-revised) and revised from time to time, from the due date and assign the due seniority to them notionally in the clerical cadre after taking into consideration their length of service in the post carrying the above mentioned grade of pre-revised ` 1200-1800, revised thereafter as was held by them before medical decategorization. The intervening period of waiting to get an alternative job after medical categorization is also to be treated as on duty. The seniority in the grade of Senior Clerk may also be fixed notionally vis-a-vis their juniors in the Clerical Grade from due date. Consequential benefits, if any, may also be given to the above-said private respondents and the order be complied within three months.
During the course of hearing, learned counsel for the petitioners submitted that vide order dated 04.10.2011, both the respondents were granted pay scale of ` 4600/- after creating supernumerary post to adjust them being disable persons on the lighter post in the cadre of Clerk. He further stated that under the said order, every benefit has been released to the respondents.
In view of the said fact, learned counsel for the parties have arrived at a consensus that both these writ petitions be CWP No.18646 of 2011 & connected case -3- disposed of with the directions that in case, any benefit arising from order dated 04.10.2011 has not been released, the same shall be released to the private respondents within a period of one month. They have further agreed that there is no question of fixing the seniority of the private respondents in the cadre of Senior Clerk, however, other benefits under the said order will be released as once the supernumerary posts have been created, then question of fixing the seniority in the cadre of Senior Clerk does not arise.
Disposed of with above-said directions.
(SATISH KUMAR MITTAL) JUDGE (INDERJIT SINGH) JUDGE September 20, 2012 Vgulati