Romesh Kumar And Anr vs State Of Punjab And Ors
2022 Latest Caselaw 17537 P&H

CWP-7370-2016                                                             -1-

             IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                                                 CWP-7370-2016
                                                         Reserved on: 17.11.2022
                                                      Date of decision: 22.12.2022

ROMESH KUMAR AND ANOTHER
                                                                       ...Petitioners

                                     VERSUS


STATE OF PUNJAB AND OTHERS
                                                                     ...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:-    Mr. Sherry K. Singla, Advocate
             for the petitioners.

             Mr. Mohit Kapoor, Addl. A. G., Punjab.

             Mr. H. K. Aurora, Advocate
             for respondent No.4.

                   ****

JAISHREE THAKUR, J.

1. The instant writ petition has been filed under Articles 226/227 of

the Constitution of India seeking issuance of a writ in the nature of certiorari for

quashing order dated 05.09.2012 (Annexure P-4), whereby the claim of the

petitioners with regard to the arrears of revised pay scale of Rs.5000-8100, with

effect from 01.01.1996 for the last 38 months from the date of filing of

CWP No.18574 of 2003 has been declined and further seeking a writ in the

nature of mandamus directing the respondents to grant the arrears of revised

pay scale along with 18% interest per annum.

2. In brief, the facts as stated are that the petitioners herein being fully

eligible and qualified, were appointed as Work Supervisors in the office of

1 of 4

Municipal Corporation, Jalandhar. The petitioners were given the pay scale of

Rs.950-1800 w.e.f. 01.01.1986, whereas the Work Supervisor working in the

other part of the State i.e. Municipal Corporation, Ludhiana etc., were being

given pay scale of Rs.1500-2640. The petitioners prayed the respondents to give

them the same pay scale, which was being paid to their other counterparts

working as Work Supervisors with effect from 01.01.1996 i.e. Rs.5000-8100.

The petitioners herein agitated for being given the same pay scale, which was

being given to their other counterparts working as Work Supervisors and in this

regard, several representations/legal notices were served upon the respondents,

however, as the necessary relief was not given, the petitioners approached this

Court by way of filing CWP No.18574 of 2003, titled as Ramesh Kumar and

others versus State of Punjab and others, which was disposed of on 01.12.2003,

directing the respondents to take a decision on the representation filed by the

petitioners, within a period of four months. In pursuance to the said order, the

claim of the petitioners was rejected vide order dated 26.03.2004 (Annexure

P-2), which made the petitioners approach this Court again by way of filing

CWP No.11753 of 2004, which was admitted on 21.04.2006 and remained

pending before this Court. In the meantime, other similarly situated persons

filed CWP No.15419 of 2001, titled as Jagdev Singh and others versus State of

Punjab and others, seeking arrears of revised pay scales for 38 months prior to

the filing of their writ petition, to be granted to them. By an order dated

14.02.2013 passed by the Director, Department of Local Government, Punjab,

the department decided to pay the arrears to the petitioners in CWP No.15419

of 2001, upto the period of 38 months prior to the date of filing of their Civil

Writ Petition. The petitioners herein, who had earlier filed CWP No.11753 of

2 of 4

2004, which stood admitted, prayed for an early hearing of the writ petition vide

CM No.17655 of 2013 in CWP No.11753 of 2004, on the ground that their

matter stands covered by the order dated 14.02.2013 passed by the Director,

Department of Local Government, Punjab and the same relief be also granted to

them. The writ petition was listed for hearing and vide order dated 15.01.2014,

the said writ petition was disposed of as infructuous as the main relief claimed

by the petitioners i.e. to grant them pay scale of Rs.5000-8100 had been

allowed. It was also observed that denial of arrears would lend a fresh cause of

action to the petitioners, leaving it open to the petitioners to seek their remedy

against the subsequent order, in accordance with law. The respondents,

however, have rejected the claim of the petitioners for arrears, which has led to

the third round of litigation.

3. Learned counsel for the petitioners herein would contend that the

action of the respondents in denying the payment of arrears of revised pay scale

of Rs.5000-8100 to the petitioners for the last 38 months from the date of filing

their first writ petition i.e. CWP No.18574 of 2003 is contrary to the relief

already granted by this Court to the similarly situated persons working as Work

Supervisors in Municipal Council, Bathinda by granting them arrears of pay

scale for total period of 38 months prior to the filing of their writ petition. He

submitted that the co-employees of the petitioners in CWP No.7774 of 2015,

titled as Sabita Ram and others versus State of Punjab and others, decided on

21.12.2015, have also been granted the arrears of revised pay scale for a period

of 38 months prior to filing of their writ petition. He would further submit that

the case of the petitioners herein are also covered by the judgment passed by

this Court in CWP No.15763 of 2013, titled as Rajdeep Singh versus State of

3 of 4

Punjab and others, decided on 28.07.2015, vide which the respondents were

again directed to grant the arrears of revised pay scale for the period of 38

months prior to the date of filing of the writ petition. He would contend that the

petitioners submitted a detailed representation dated 05.03.2016 (Annexure

P-14) to the respondents raising the same claim for the arrears of the revised

pay scale, but to no avail.

4. Learned State counsel, vehemently opposed the relief as sought by

the petitioners herein, however, despite all attempts, is not able to distinguish

the abovesaid factual position and the case of the petitioners herein from other

similarly situated persons as referred hereinabove, who have already been

allowed the benefit of arrears of revised pay scale restricted to 38 months prior

to the filing of their writ petition.

5. I have heard learned counsel for the parties and with their able

assistance have gone through the pleadings of the case.

6. In view of the above facts and circumstances, the petitioners herein

are found to be entitled to arrears of enhanced pay scale, limited to the period of

38 months prior to their filing of CWP No.18574 of 2003. The same shall be

released to the petitioners within a period of three months from the date of

receipt of certified copy of this order, failing which, the amount due shall carry

interest at the rate of 6% per annum till payment.

7. Consequently, the instant writ petition stands allowed.

                                                  (JAISHREE THAKUR)
22.12.2022                                              JUDGE
Chetan Thakur
                Whether speaking/reasoned         :     Yes/No
                Whether reportable                :     Yes/No



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