Prem Chand And ORS. v. State Of Haryana And ORS.

Sr. No.356

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6357-1997 Date of decision: 19.04.2022 Prem Chand and others

...Petitioners

Vs.

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

None for the petitioners.

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

*** ARUN MONGA, J. (ORAL) Petition was filed in the year 1997, inter alia, seeking issuance of a writ in the nature of mandamus directing the respondents to release the scale of Rs. 1640-2900 to the petitioner, as per decision dated 27.01.1992. Petition was admitted on 02.09.1997 and it was ordered to be listed for hearing within one year.

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 24 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 petitioners is not admissible in view of the following stand taken in para 1 of the reply in preliminary objections, which is reproduced herein for ready reference:- "1. That the work of the Fisheries Department Haryana are executed/ Supervised by the Fisheries Officers and at present the pay scale of the Fisheries Officers are Rs.1400-2600. Prior to the revision of pay scale the pay scale of Fisheries Officer were higher than that of the VANDANA 2022.04.24 23:49 I attest to the accuracy and integrity of this document

Sectional Officers (Civil). The table regarding revision of pay scale is given as under:- 15.11.63 Rs.175-10-225/15Rs.100-10-200/10-300 1.2.69 Rs.200-15-380/20Rs.160-10-280/15-400 1.9.71 Rs.225-15-360-20Rs.160-10-280-15-400 1.4.79 Rs.600-20-700-30850/900-40-1100 Rs.525-15-600-20600/700-30-850/890-401.1.86 Rs.1400-40-160050-2300/60-2600 Rs.1400-40-1600-502300/60-2600 It is evident from the above table that the pay scale of Fisheries Officers were higher than that of Sectional Officers (Civil) prior to 1.1.86 in the Fisheries Department Haryana. The demanded pay scale to Sectional Officers (Civil) cannot be allowed over and above the Fisheries Officers who are holding the executing/ supervisory posts in the Fisheries Department Hayana."

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

19.04.2022 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2022.04.24 23:49 I attest to the accuracy and integrity of this document