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High Court of Punjab and HaryanaCWP/14425/1998disposed of

Kartar Singh v. State Of Haryana And ORS

2022-04-18Mr. Justice Arun Monga2 pages

Sr. No.352 2nd case

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-14425-1998 Date of decision: 18.04.2022 Kartar Singh

...Petitioner

Vs.

State of Haryana and another

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

None for the petitioner.

Mr. R.K.S. Brar, Additional A.G., Haryana.

*** ARUN MONGA, J. (ORAL) Petition was filed in the year 1998, inter alia, seeking issuance of a writ in the nature of mandamus directing the respondents to grant the revised pay scale of Rs.480-760 w.e.f. 01.02.1981 and pay scale of Rs.12002040 w.e.f. 01.01.86 to the petitioners. Petition was admitted on 16.08.2000.

When called out for hearing, there is no representation on behalf of the petitioner. It seems that by sheer effluxion of time and pendency of the writ petition for more than 23 years before this Court, either it has been rendered infructuous or even otherwise the petitioners seem to have lost interest in pursuing the same.

In any case, it appears that even on merits, claim of the petitioner is not admissible in view of the following stand taken in para 6 of the reply on merit, which is reproduced herein for ready reference:- "The category of Water Pump Operator was not covered under above revision because the pay scales applicable to the post of Water Pump Operator were Rs. 100-160 prior to 01.04.1979 and w.e.f. 01.04.79 Rs. 350-500 which was further revised we.f. 01.02.1981 to Rs.400-600 vide Haryana Govt. Finance Deptt. Notification No. GSR-80/Const./Art.-309.Amd.

(1) 80 dated 21.07.80 (copy attached at Annexure R-4). Since the pay scale of Rs. 400-600 applicable w.e.f. 01.02.1981 was not further revised vide Haryana Govt. Finance Deptt. Letter dated 30.03.82 (Annexure R-3) as such the petitioner was not entitled for the scale of Rs.480-760 w.e.f. 01.02.1981 and further scale of Rs.1200-2040 w.e.f. 01.01.1986." VANDANA 2022.04.25 05:55 I attest to the accuracy and integrity of this document

Be that as it may, writ petition is disposed of with liberty to the petitioner to file an appropriate application in case, any cause of action still survives.

18.04.2022 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2022.04.25 05:55 I attest to the accuracy and integrity of this document