WPSS/1433/2023
2023 Latest Caselaw 2393 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPSS No. 1433 of 2023
                                  With
                                  WPSS No. 1434 of 2023
                                  WPSS No. 1496 of 2023

                                  Hon'ble Pankaj Purohit, J.

Mr. Anil Anthwal, Advocate for the petitioner.

2. Mr. Narain Dutt, Standing Counsel for the State.

3. By the order dated 18.08.2023, respondent State was directed to look into the matter as to whether the controversy involved in this petition was covered by the judgment of Coordinate Bench of this High Court dated 16.12.2021 or not.

4. Learned State Counsel having been gone through the judgment of the case have come up with the specific resistance that the matter is not squarely covered, and, therefore, he needs to file counter affidavit in the matter. It is also submitted by him that petitioner has joined in civil services after having been retired from Army 22 years back, but, at the belated stage, he has filed this writ petition for pay fixation of his salary.

5. However, the said contention was rebutted by learned counsel for the petitioner saying that getting less salary is a continuing cause of action, therefore, the delay will not come in way to the relief claimed by the petitioner.

6. Having heard the rival contentions, this Court finds that it is a case where counter is required to decide the controversy.

7. Learned counsel for the State prays for and is granted six weeks' time to file counter affidavit.

8. Two weeks thereafter is granted to learned counsel for the petitioner to file rejoinder affidavit.

9. List this matter on 31.10.2023.

(Pankaj Purohit, J.) 22.08.2023 Ujjwal