Cwp No.5658 of 2013 (Oandm) Vs. State of Haryana and Others --respondents - Court Judgment

SooperKanoon Citationsooperkanoon.com/1067315
CourtPunjab and Haryana High Court
Decided OnMar-18-2013
AppellantCwp No.5658 of 2013 (Oandm)
RespondentState of Haryana and Others --respondents
Excerpt:
in the high court of punjab & haryana at chandigarh cwp no.5658 of 2013 (o&m) date of decision:18. 3.2013. mohinder singh & others --petitioners versus state of haryana & others --respondents coram:- hon'ble mr.justice tejinder singh dhindsa. present:- mr.ramesh goyat, advocate for the petitioners.*** tejinder singh dhindsa.j it is contended that petitioners no.2 to 8 are holding technical posts under the haryana state transport department. petitioner no.1 already stands superannauted but he has also served against the technical post. the prayer in the present writ petition is for the grant of revised technical pay scale of rs.480-760 w.e.f.1.2.1981 in the light of govt. notification dated 30.3.1982 and for further revised scales thereupon. learned counsel for the petitioner would contend that the claim raised in the present writ petition would be covered in the light of judgement dated 18.1.2010 passed in cwp no.18754 of 1991 titled as gurdev singh and others versus state of haryana & others as also judgement dated 7.12.2011 passed in cwp no.8055 of 1988 titled as ram swaroop & others versus state of haryana & others (annexure p-2 colly).further prayer is for the grant of benefit of a.c.p scale based on the revised technical pay scales. the present writ petition is, accordingly, disposed of with a direction to respondent no.3 i.e.the general manager, haryana roadways, chandigarh depot to consider the claim of the petitioners and to take a final cwp no.5658 of 2013 (o&m) -2- decision on the legal notice dated 18.11.2012 (annexure p-5) 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 case the petitioners are held entitled to the grant of the technical pay scales, it shall be open for the respondents to confine the benefit of actual arrears to petitioners no.2 to 8 to a period of 38 months prior to the date of filing of the present writ petition and in so far petitioner no.1 is concerned, the benefit may be granted on a notional basis and he would be entitled to the revised pensionary benefits accruing therefrom. petition disposed of. (tejinder singh dhindsa) judge 18 3.2013 lucky
Judgment:

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.5658 of 2013 (O&M) Date of Decision:

18. 3.2013.

Mohinder Singh & others --Petitioners Versus State of Haryana & others --Respondents CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.

Present:- Mr.Ramesh Goyat, Advocate for the petitioneRs.*** TEJINDER SINGH DHINDSA.J It is contended that petitioners no.2 to 8 are holding technical posts under the Haryana State Transport Department.

Petitioner no.1 already stands superannauted but he has also served against the technical post.

The prayer in the present writ petition is for the grant of revised technical pay scale of Rs.480-760 w.e.f.1.2.1981 in the light of Govt.

Notification dated 30.3.1982 and for further revised scales thereupon.

Learned counsel for the petitioner would contend that the claim raised in the present writ petition would be covered in the light of judgement dated 18.1.2010 passed in CWP No.18754 of 1991 titled as Gurdev Singh and others versus State of Haryana & others as also judgement dated 7.12.2011 passed in CWP No.8055 of 1988 titled as Ram Swaroop & others versus State of Haryana & others (Annexure P-2 colly).Further prayer is for the grant of benefit of A.C.P Scale based on the revised technical pay scales.

The present writ petition is, accordingly, disposed of with a direction to respondent no.3 i.e.the General Manager, Haryana Roadways, Chandigarh Depot to consider the claim of the petitioners and to take a final CWP No.5658 of 2013 (O&M) -2- decision on the legal notice dated 18.11.2012 (Annexure P-5) 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 case the petitioners are held entitled to the grant of the technical pay scales, it shall be open for the respondents to confine the benefit of actual arrears to petitioners no.2 to 8 to a period of 38 months prior to the date of filing of the present writ petition and in so far petitioner no.1 is concerned, the benefit may be granted on a notional basis and he would be entitled to the revised pensionary benefits accruing therefrom.

Petition disposed of.

(TEJINDER SINGH DHINDSA) JUDGE 18 3.2013 lucky