Punjab-Haryana High Court
Vijay Kumar Lamba vs Ankur Gupta And Others on 28 April, 2023
Neutral Citation No:=2023:PHHC:060782
222
2023:PHHC:060782
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
COCP-2896-2022 (O&M)
Date of decision: 28.04.2023
Vijay Kumar Lamba
....Petitioner
Versus
Ankur Gupta and Others
....Respondents
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: None for the petitioner.
Mr. Harsh Vardhan Shehrawat, AAG, Haryana.
ARVIND SINGH SANGWAN J. (Oral)
Despite second call, there is no representation on behalf of
the petitioner.
Fresh affidavit on behalf of the Engineer-in-Chief, PWD
(B&R) Department, Haryana, filed in the Court is taken on record.
Brief facts of the case are that the petitioner has filed CWP
No.12944 of 2019, which was disposed of on 16.05.2019, by giving the
following directions:-
"Learned counsel for the petitioner has no objection
in case an appropriate direction is issued to the
department to consider the case of the petitioner for the
grant of the said relief of pay scale of `13500-17250 and
also grant him the same in case he is found entitled for, if
his case is covered by the abovesaid judgment. Counsel for
the petitioner prays that in case, it is found that the
petitioner was within first 20% of the cadre post on
01.01.1996 so as to be entitled for the pay scale of
Rs.13500-17250, same be released to him as well.
Keeping in view the above, the present writ petition
is disposed of with a direction to the respondents to
consider the case of the petitioner for the grant of benefit
of pay scale of Rs.13500-17250 w.e.f. 01.01.1996, in case,
it is found that the petitioner was working against the 20%
of the cadre post on the relevant date i.e. 01.01.1996. Let
the consideration be carried out within a period of three
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Neutral Citation No:=2023:PHHC:060782
months from the receipt of copy of this order and
appropriate speaking order be passed in this regard.
In case, after the decision, it is found that the
petitioner was entitled for the said benefit, the appropriate
relief will be granted to the petitioner within a period of
next one month.
At this stage, this Court is not expressing any
opinion on merits of the case as the same are to be decided
by the respondents while considering the case of the
respondents in pursuance to this order."
It is further stated that a speaking order dated 24.04.2023,
has been passed, copy of which is attached with the reply. Accordingly
to which the pay of the petitioner was refixed on 02.07.2020, the
revised pay-scale of the petitioner was 13500-17250 and the arrears of
pay have been released to the petitioner, who stands retired and pension
has also been paid. It is also stated that as per the letter of the Finance
Department dated 27.08.2019 and 11.12.2019, the instructions have
been issued regarding implementation of the order of the Court
regarding the dismissal of SLP No.39474-39475 of 2013, in which it is
stated that the interest on due arrears is to be granted and neither the
interest nor the interest on interest is to be granted, in the case of
petitioners of writ petitions wherein there is no such specific order.
Counsel for the State in view of the above submits that by
passing a detailed speaking order, the grievance of the petitioner stands
redressed and no further action is called for.
Accordingly, the present petition is disposed of having
been rendered infructuous.
However, liberty is granted to the petitioner to avail the
alternative remedy in accordance with law, if so advised.
(ARVIND SINGH SANGWAN)
JUDGE
28.04.2023
yakub Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
Neutral Citation No:=2023:PHHC:060782
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