WRIT PETITION 592 of 2013 on 23 August 1990

CWP No.592 of 2013

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Balwan Singh & others

CWP No.592 of 2013Date of decision:14.01.2013

...... Petitioners

Vs.

State of Haryana & others

..... Respondents

CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.

Present:Mr. Ashok Tyagi, Advocate for the petitioners. ....

Tejinder Singh Dhindsa, J. (Oral)

The petitioners claims to have joined the respondent-department on technical posts on regular basis and were possessing thequalification of non-Matric with ITI at the time of initial recruitment. Itis contended that the State of Haryana issued notification dated23.08.1990 whereby the scales were revised to 1200-2040 for all thetechnical posts in the State of Haryana having basic qualifications ofMatric with ITI certificate/polytechnic. Counsel would contend thateven three years experience in the trade is also be treated as anequivalent to the ITI qualification. As such, the present writ petitionhas been filed raising a claim for the grant of revised pay scale ofRs.1200-2040 in terms of the notification dated 23.08.1990 madeeffective w.e.f. 01.05.1990 and further revised pay scales as grantedfrom time to time. Counsel further contends that the claim raised in the CWP No.592 of 2013

present writ petition would be covered in the light of the judgmentdated 06.07.2011 passed by this Court in CWP No.6 of 1991 titled as Suraj Parkash Kohli Vs. State of Haryana & others (Annexure P-1).Counsel further apprises the Court that even legal notices dated09.10.2012 & 18.10.2012 (Annexures P-3 & P-4 respectively) alreadystand served.

In the light of the facts noticed hereinabove, I deem itappropriate to dispose of the present writ petition with a direction torespondent no.3 to consider the claim of the petitioners and take a finaldecision on the legal notices dated 09.10.2012 & 18.10.2012(Annexures P-3 & P-4 respectively) strictly in accordance with law andby passing a speaking order within a period of four months from thedate of receipt of a certified copy of this order.

It is further clarified that in the eventuality of the petitioners being found entitled to the grant of revised pay scales, itshall be open for the respondent-authorities to confine the benefit ofarrears to a period of 38 months from the date of filing of the presentwrit petition.

Disposed of.

January 14, 2013(TEJINDER SINGH DHINDSA)harjeet JUDGE