High Court of Punjab and HaryanaCWP/647/2020disposed of

Ranjit Singh And Others v. State Of Punjab And Others

2020-01-13Mr. Justice Harsimran Singh Sethi3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: - 13.01.2020 Ranjit Singh and others ....Petitioners

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. Sandeep Arora, Advocate, for the petitioners.

*** HARSIMRAN SINGH SETHI , J. (ORAL) The claim which is being raised by the petitioners in the present writ petition is that they are entitled for the pay-scale of `2000-3500 w.e.f. 01.01.1986, with a further revision of pay-scale of `2200-4000 w.e.f. 01.01.1991 and the grant of proficiency step up of `3000-4500, after rendering eight years of service and further the higher pay-scale of `3700-5300 after rendering 18 years of service on the post of Junior Engineer, keeping in view the order passed by this Court in CWP No.2605 of 1998, decided on 02.07.2014 (Annexure P-6), which order has already been upheld by the Division Bench while deciding LPA No.1991 of 2014, decided on 29.07.2019 (Annexure P-7). Learned counsel for the petitioners argues that though the

-2petitioners are similarly situated as the petitioners in CWP No.2605 of 1998, but they are not being considered for the grant of benefit on the ground that there is no order in their favour granting them the benefit as being claimed in the present writ petition as they were not party in CWP No.2605 of 1998.

Learned counsel for the petitioners further argues that keeping in view the settled principle of law settled by the Division Bench of this Court in 'Satbir Singh Vs. State of Haryana', 2002(2) S.C.T. 354, once a question of law has been decided by a Competent Court, the State is duty bound to extend the same relief to all the similarly situated employees without forcing them to approach this Court claiming the same.

Learned counsel for the petitioners states that for the relief which has been sought in the present writ petition, petitioners have served the respondents with legal notices dated 02.12.2019 and 12.12.2019 (Annexures P-8 and P-9), which are still pending consideration with the respondents and the petitioners will be satisfied, at this stage, in case a time bound direction is issued to respondent No.3 to decide the said legal notices.

In view of the request made, without expressing any opinion on the merits of the case or the claim as being made by the petitioners, respondent No.3 is directed to decide the legal notices dated 02.12.2019 and 12.12.2019 (Annexures P-8 and P-9) by passing the speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioners are

-3entitled for any monetary benefit, the same shall also be released to them within a period of three months thereafter.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) January 13, 2020 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?