High Court of Punjab and HaryanaCWP/10195/2015dismissed

Rajinder Kaur And ANR v. Union Of India And ORS

2015-05-20Ms. Justice Navita Singh,Mr Justice Jaswant Singh2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.10195 of 2015 Date of Decision: May 20, 2015 Rajinder Kaur and another .....Petitioners versus Union of India and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

Present: Ms.Sangita Dhanda, Advocate, for the petitioners. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The Central Administrative Tribunal, Chandigarh Bench has dismissed the petitioners' claim for the grant of revised pay-scale and ACP scales, relying upon its decision dated 02.12.2014 rendered in OA No.060/00375/2014 (Permil Lata and others versus Union of India). The petitioners' case was decided on 09.12.2014.

The petitioners as well as the Applicant in Permil Lata's case (supra) are employees of District Red Cross Society. One of the argument raised before us is that the case of the petitioners is totally distinguishable, hence the ratio of Permil Lata's case (supra) could not be applied to reject their claim. If that is so, the appropriate recourse for the petitioners would have to approach the Tribunal by way of an appropriate application and point out the distinction. MOHINDER KUMAR 2015.05.26 11:55 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.10195 of 2015 [2] Faced with this, learned counsel submits that in the interest of justice the petitioners may be permitted to move such an application before the Tribunal at this stage. Having regard to all the attending circumstances and the nature of relief sought, we dismiss this writ petition with liberty to the petitioners to move an appropriate application on the above-mentioned ground, before the Tribunal. If any such application is filed alongwith an application for condonation of delay within a period of two weeks from the date of receiving a certified copy of this order, we request the Tribunal to decide the same on merits and in accordance with law.

Ordered accordingly.

[SURYA KANT] JUDGE May 20, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.05.26 11:55 I attest to the accuracy and authenticity of this document Chandigarh