Lehana Singh and Others Vs. the State of Haryana and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1067273
CourtPunjab and Haryana High Court
Decided OnMar-18-2013
AppellantLehana Singh and Others
RespondentThe State of Haryana and Others
Excerpt:
cwp no.5798 of 2013 -1- in the high court of punjab and haryana at chandigarh civil writ petition no.5798 of 2013 date of decision: march 18, 2013 lehana singh and others ....petitioners versus the state of haryana and others .....respondents coram: hon'ble mr.tejinder singh dhindsa present: mr.harish mehla, advocate for the petitioners.**** tejinder singh dhindsa, j. (oral) the petitioners are all retired and they are stated to have held technical post under the haryana state transport department. petitioner nos.1 and 2 have filed the present writ petition claiming the revised technical pay scale of `480-760/- w.e.f.01.02.1981 and further revised pay scale of `1200-2040/- w.e.f.01.05.1990. petitioner nos.3 and 4 are confining the claim to the grant of revised technical pay scale of `1200-2040/- w.e.f.01.05.1990. counsel for the petitioners contends that the claim raised in the present writ petition would be covered in the light of the judgment dated 18.01.2010 passed by this court in c.w.p.no.18754 of 1991 titled as gurdev singh and others versus state of haryana and others.the present writ petition is disposed of with a direction to cwp no.5798 of 2013 -2- respondent no.4 i.e.the general manager, haryana roadways, kaithal to consider the claim of the petitioners and to take a final decision on the representation dated 25.10.2012 qua petitioner nos.1 and 2 and representation dated 10.10.2012 qua petitioner nos.3 and 4, strictly in accordance with law and by passing a speaking order within a period of four months from the date of receipt of a certified copy of this order. it is clarified that in the eventuality of the petitioners being found entitled to the grant of the technical pay scales as claimed, it shall be open for the respondents to grant to the petitioners the benefits on notional basis and as also grant the revised pensionary benefits accruing thereupon and to confine the benefits of arrears of such pensionary benefits to a period of 38 months prior to the date of filing of the present writ petition. writ petition disposed of. (tejinder singh dhindsa) judge march 18, 2013 sarita
Judgment:

CWP No.5798 of 2013 -1- In the High Court of Punjab and Haryana at Chandigarh Civil Writ Petition No.5798 of 2013 Date of decision: March 18, 2013 Lehana Singh and others ....Petitioners Versus The State of Haryana and others .....Respondents CORAM: HON'BLE Mr.TEJINDER SINGH DHINDSA Present: Mr.Harish Mehla, Advocate for the petitioneRs.**** TEJINDER SINGH DHINDSA, J.

(Oral) The petitioners are all retired and they are stated to have held technical post under the Haryana State Transport Department.

Petitioner Nos.1 and 2 have filed the present writ petition claiming the revised technical pay scale of `480-760/- w.e.f.01.02.1981 and further revised pay scale of `1200-2040/- w.e.f.01.05.1990.

Petitioner Nos.3 and 4 are confining the claim to the grant of revised technical pay scale of `1200-2040/- w.e.f.01.05.1990.

Counsel for the petitioners contends that the claim raised in the present writ petition would be covered in the light of the judgment dated 18.01.2010 passed by this Court in C.W.P.No.18754 of 1991 titled as Gurdev Singh and others versus State of Haryana and otheRs.The present writ petition is disposed of with a direction to CWP No.5798 of 2013 -2- respondent No.4 i.e.the General Manager, Haryana Roadways, Kaithal to consider the claim of the petitioners and to take a final decision on the representation dated 25.10.2012 qua petitioner Nos.1 and 2 and representation dated 10.10.2012 qua petitioner Nos.3 and 4, strictly in accordance with law and by passing a speaking order within a period of four months from the date of receipt of a certified copy of this order.

It is clarified that in the eventuality of the petitioners being found entitled to the grant of the technical pay scales as claimed, it shall be open for the respondents to grant to the petitioners the benefits on notional basis and as also grant the revised pensionary benefits accruing thereupon and to confine the benefits of arrears of such pensionary benefits to a period of 38 months prior to the date of filing of the present writ petition.

Writ petition disposed of.

(TEJINDER SINGH DHINDSA) JUDGE March 18, 2013 sarita