Joga Singh & ORS v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 22459 of 2015 Date of decision: 19.10.2015 Joga Singh and others ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Sunny Singla, Advocate, for the petitioners.

G.S.SANDHAWALIA, J. (Oral) The petitioners, being retired Teachers/Masters/Headmasters, pray for change of option for the new revised pay scale from 01.01.1993 in view of the changed circumstances and by the change in master scale vide notification dated 24.12.1992 (Annexure P-2) alongwith arrears and interest.

Counsel for the petitioner submits that a legal notice has also been served upon the respondents on 25.05.2015 (Annexure P-11) asking for the necessary relief in terms of the judgment of this Court in CWP No. 7464 of 2009, Surinder Kumar and others vs. State of Punjab and others decided on 25.02.2010 (Annexure P-5). In the said case, this Court permitted the petitioners to re-exercise their option in terms of the letter dated 24.12.1992 within one month with the condition that no arrears of pay would be paid and they would be entitled only notional pay fixation as per the refixed pension w.e.f. 01.03.2010 onwards. Accordingly, the present writ petition is disposed of with a direction to respondents no.

2 and 3 that in case in the light of the above said decision the petitioners' claim is found covered, the notional consequential benefits shall be given. However, if the respondents find that the claim of the petitioners is not justified, they shall dispose of the legal notice dated 25.05.2015 (Annexure P-11) by passing a speaking order within a period of 3 months from the date of receipt of certified copy of the order.

19.10.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.10.21 14:47 I attest to the accuracy and integrity of this document Chandigarh