Punjab-Haryana High Court
Karan Singh & Ors vs State Of Haryana & Ors on 5 September, 2024
Neutral Citation No:=2024:PHHC:116549
CWP-14288-1999(O&M) and other connected case -1-
203- 02 cases
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision: 05.09.2024
1. CWP-14288-1999(O&M)
KARAN SINGH AND OTHERS
..... PETITIONERS
VERSUS
STATE OF HARYANA AND ANOTHER
.....RESPONDENTS
2. CWP-7560-2000 (O&M)
SANT LAL BUDHIRAJA AND OTHERS
..... PETITIONERS
VERSUS
STATE OF HARYANA AND OTHERS
.....RESPONDENTS
CORAM: HON'BLE MR JUSTICE TRIBHUVAN DAHIYA
Present: Mr. Ravi Verma, Advocate and
Mr. B.K. Bagri, Advocate
for the petitioner(s).
Mr. Krishan K. Chahal, Addl. A.G, Haryana
******
TRIBHUVAN DAHIYA, J. (ORAL)
These two petitions are based on similar facts, and seek
direction(s) to the respondents to allow the petitioners to draw salary in the
revised pay scale of ₹6500-9900 or ₹6500-10500 with effect from
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Neutral Citation No:=2024:PHHC:116549
CWP-14288-1999(O&M) and other connected case -2-
1.4.1997/1.4.1998, as fixed/verified by the authorities concerned, after
giving the benefit of fitment weightage, i.e., forty per cent of the basic pay in
terms of Rule 7 of the Haryana Civil Services (Revised Pay) Rules, 1998.
2. The petitioners' claim has been declined by the respondents
only on the ground that they did not exercise the option to switch over to the
revised pay scale pursuant to instructions dated 17.09.1998, Annexure P-6
within a period of three months from the date of issuance of the instructions,
as stipulated therein.
3. An identical issue, in case of similarly placed employees,
already stands decided by this Court vide judgment dated 14.11.2013,
rendered in CWP-17225-1999 titled Om Parkash Verma and Others.
Relevant paragraph whereof reads as under:
2. I cannot make an inference in the manner canvassed by
the counsel for the State. The revised option brought through
fresh instructions must be got noted from the respective
teachers in order to bind them or there must be some proof that
it was notified in a general place permissible that could make
possible an inference that due publicity had been given for such
a circular to avail of revised options. With no such proof
available I would uphold the contentions of the petitioners and I
will allow for an extension of time for consideration of their
pleas. No fresh requirement for exercising the option is
necessary, for, the writ petition itself is to be taken as
petitioners' willingness for the revised option which the circular
contemplates. Whatever benefits the petitioners are entitled or
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Neutral Citation No:=2024:PHHC:116549
CWP-14288-1999(O&M) and other connected case -3-
whatever obligations which the petitioners are required to
perform, the State shall be at liberty to secure such formalities
and grant to the petitioners consequences of such revised
option. The entire exercise will be carried out within a period of
eight weeks and appropriate orders and disbursal, if any, shall
follow.
The judgment has attained finality. These facts could not be disputed by
learned State counsel.
4. In view thereof, the instant petitions are allowed in terms of Om
Parkash Verma case (supra).
5. Photocopy of this order be placed on the file of other connected
case.
(TRIBHUVAN DAHIYA)
05.09.2024 JUDGE
Seema
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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