Bharat Bhushan Goel v. State Of Haryana And Others
CWP-32030-2024
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CWP-32030-2024 Date of decision: 02.12.2024 Bharat Bhushan Goel
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****
Present:
Mr. Vicky Chauhan, Advocate for the petitioner.
Ms. Vibha Tewari, AAG, Haryana.
***** AMAN CHAUDHARY, J. (Oral) 1.
Prayer made in the present petition is for quashing the order dated 20.12.2021, whereby the representation of the petitioner has been rejected.
2.
The petitioner, who was appointed as Senior Analytical Assistant and retired as Deputy Public Analyst, seeks pay parity as granted to the Chemists working in the same Department by this Court in Radhey Shyam and others vs. State of Haryana and another1, the LPA-78-2020 against which was dismissed on 07.12.2022.
3.
The applicability of the aforesaid judgment though has not been disputed in the speaking order, however, the solitary premise taken to decline the claim is the delay in approaching the Department, with regard to which, to balance equities the relief can be restricted to 38 months prior to filing of the case, pay fixation being continuing wrong as the salary for each successive month would give a fresh cause of action, as held by the Full Bench of this 1 CWP-13458-1994, decided on 18.11.2015 HAMANT 2024.12.02 19:34 I attest to the accuracy and integrity of this document
CWP-32030-2024 Court in Saroj Kumari vs. State of Punjab2, which learned State counsel despite her best efforts was unable to controvert or cite any contrary law. 4.
In view of the above, the present petition is allowed and the order dated 20.12.2021 is set aside, however the arrears shall be confined to 38 months prior to the filing of writ petition.
(AMAN CHAUDHARY) JUDGE 02.12.2024 Hemant Whether speaking/reasoned : Yes / No Whether reportable : Yes / No 2 CWP-14874-1995, decided on 04.05.1998 HAMANT 2024.12.02 19:34 I attest to the accuracy and integrity of this document