Judgment:
1 Writ Appeal No.836/2012 03/10/2012 Shri Jaideep Singh, Deputy Government Advocate for appellant-State.
Shri V.S.Shroti, Senior Advocate with Shri Vikram Johri, Advocate for the respondents.
I.A.No.9121/2012 for stay.
It is submitted by the appellant that till the decision of this appeal, the impugned order passed by the learned Single Judge may be stayed.
In reply to it, learned counsel for the respondents submitted that in the writ petition, respondents are entitled to get the pay @ Rs.4125/- w.e.f.01/01/1996.
It is further submitted that sofar as pay scale of Rs.3000-4500/- is concerned, there is no dispute in the matter that respondent is entitled for the same pay scale w.e.f.01/01/1996.
In reply to it, learned counsel appearing for the State submits that the order passed by the learned Single Judge directing release all the retiral dues to the respondent @ Rs.4125/- may be stayed.
As the controveRs.is in respect of payment of pay @ Rs.4125/- w.e.f.01/01/1996 is in question in this appeal, but sofar as payment of pay scale of Rs.3000-4500/- w.e.f.01/01/1996 is not in disputed.
In view of the aforesaid, it is directed that the appellant- State shall release all the retiral dues of the respondents treating their pay scale as on 01/01/1996 as Rs.3000-4500/-.
All the retiral dues of the respondents shall be released accordingly within a period of 2 months from today, if already not paid.
If the respondent is found entitled for the pay @ 2 Rs.4125/- w.e.f.01/01/1996, in this regard, an appropriate order shall be passed at the time of final hearing of this appeal.
Accordingly, difference of payment of pay scale @ Rs.4125/- w.e.f.01/01/1996, only shall remain stayed.
With the aforesaid direction, I.A.NO.9121/2012 is finally disposed of.
Be listed for hearing on 4th December, 2012.
CC as per rules.
(Krishn Kumar Lahoti) (Smt.Vimla Jain) JUDGE JUDGE manju