Miss Madelsa Rani vs State Of Haryana And Others on 16 February, 2009

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                  CHANDIGARH

                                    C.M NO. 35805 OF 2001 IN
                                    C.W.P NO. 287 OF 1983

                                    DECIDED ON : 16.02.2009


Miss Madelsa Rani
                                                 ...Petitioner
            versus

State of Haryana and others
                                                 ...Respondents


CORAM : HON'BLE MR. JUSTICE SURYA KANT



Present : Mr. Rajiv Sharma, Advocate,
          for the petitioner.

            Mr. R. D. Sharma, Senior DAG, Haryana.


SURYA KANT, J. (ORAL)

In view of prayer made by learned counsel for the

petitioner, this execution petition is treated to have been filed

under Article 227 of the Constitution of India.

The petitioner filed C.W.P No. 287 of 1983, inter-alia,

seeking :

1 (i) to regularize her services as Planning

Assistant;

2 (i) to fix her pay in accordance with the Rules;

3 (i) to pay her the arrears of salary, so fixed

and grant consequential benefits;

4 (i) any other relief which this Court may deem

just and fit.

C.W.P NO. 287 OF 1983 -2-

The writ petition was allowed by a learned Single Judge of this

Court vide judgment dated 27.11.1997, the operative part of

which reads as follows :

” This argument is devoid of merit, Rule 4.4 (c )

clearly envisages that a government employees

seeking its benefits may come to the higher post from

a lower post either by promotion or by a fresh

appointment.

The petition is, accordingly, allowed. Resultantly,

the respondents are directed to refix the pay of the

petitioner in the light of the observations made above

within a period of six months from the day that a

certified copy of this judgment is made available to

them and pay her all the arrears on the amounts due

with interest @ 12% p.a from the date the same fell

due till the date of payment. Costs of the petition are

also determined at Rs.500/-“.

This execution petition has been filed by the petitioner

on the premise that her pay has not been fixed strictly as per

Rule 4.4 (c ) 1 (i) of the Punjab Civil Service Rules, Volume – I,

Part – I, as applicable to State of Haryana.

Notice was issued and in response thereto, the

respondents have filed their reply. It is explained that the

petitioner’s pay has been fixed strictly as per the aforesaid Rule,

but the petitioner is alleging non-compliance of the Court order
C.W.P NO. 287 OF 1983 -3-

on the plea that increments for a period of five years during

which she was not allowed to cross the efficiency bar due to poor

service record, be also added.

The question as to whether or not the petitioner was

entitled to cross the efficiency bar or the same was erroneously

withheld by the respondent, was not the subject matter for

adjudication before this Court in C.W.P No. 287 dated

27.11.1997.

In this view of the matter, the execution petition is

disposed of being fully satisfied, however, with liberty to the

petitioner to challenge the withholding of her efficiency bar in

accordance with law.

Disposed of.

FEBRUARY 16, 2009                             (SURYA KANT)
shalini                                           JUDGE