Gurmail Singh And ORS v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.9868 of 2015 Date of Decision: May 18, 2015 Gurmail Singh and others .....Petitioners versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

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

Present: Mr.Rajkapoor Malik, Advocate, for the petitioners. Mr.R.D.Sharma, Deputy Advocate General, Haryana. -.-

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) Notice of motion.

On our asking, Mr.R.D.Sharma, learned Deputy Advocate General, Haryana, accepts notice on behalf of the respondents.

Let three copies of the writ petition be supplied to the learned State counsel during the course of day failing which the order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for nonprosecution. In view of the nature of order which we propose to pass, there is no necessity to seek any counter-reply from the respondents at this stage.

The petitioners while questioning the vires of Haryana Transport Department (Group-C), Haryana Roadways MOHINDER KUMAR 2015.06.08 13:08 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.9868 of 2015 [2] Service (Amendment) Rules, 2003 dated 4.8.2003 (Annexure P-1); Haryana Transport Department (Group-C) Haryana Roadways Service (Amendment) Rules 2004 dated 18.3.2004 (Annexure P-2) and Haryana Transport Department (Group-C) Haryana Roadways Service (Amendment) Rules, 2011 dated 3.3.2011 (Annexure P-3), seek a further direction to the respondents to grant them minimum regular pay scale meant for the post of Drivers. In this regard, they rely upon a Division Bench decision of this Court dated 1.4.2013 passed in a bunch of writ petitions including CWP No.22516 of 2012 (Mohinder Singh and others versus State of Haryana and others).

Having heard learned counsel for the parties, we deem it appropriate to dispose of this case with a direction to the respondents to treat this petition as a representation on behalf of the petitioners and consider their claim in the light of the Division Bench decision of this Court in Mohinder Singh and others' case (supra). In case the petitioners are found entitled to the claimed benefit(s), they shall be granted the same within a period of four months from the date of receiving a certified copy of this order.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE May 18, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.06.08 13:08 I attest to the accuracy and authenticity of this document Chandigarh