COCP No.1586 of 2009(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
COCP No.1586 of 2009(O&M)
Date of decision: 11.11.2009
Sant Ram and others ......Petitioner(s)
Versus
Sh. D.S. Jaspal, IAS & others ......Respondent(s)
CORAM:- HON’BLE MR.JUSTICE RAKESH KUMAR GARG
* * *
Present: Mr. R.C. Chatrath, Advocate for the petitioners.
Mr. Harsh Aggarwal, Advocate for the respondents.
Rakesh Kumar Garg, J.(Oral)
CM No.20556-CII of 2009
Application is allowed subject to all just exceptions.
COCP No.1586 of 2009
Vide judgment dated 23.12.2008 passed by this Court in CWP
No.10078 of 2006, the respondents were directed to grant the benefits to
the petitioners in the light of the judgment passed in CWP No.1667 of
1998. However, the arrears were to be paid for 38 months prior to the
issuance of legal notice dated 11.4.2006.
The grievance of the petitioners before this Court is that the
respondents have failed to make compliance of the aforesaid judgment
passed by this Court.
In response to the show cause notice issued by this Court,
reply by way of affidavit of Sh. Manvesh Singh Sidhu, Managing Director,
Pepsu Road Transport Corporation, Patiala has been filed, wherein it has
been submitted as under:
“That vide order dated 23.12.2008 passed by this
COCP No.1586 of 2009(O&M) 2Hon’ble Court in CWP No.10038 of 2006, the
respondents were directed to grant the benefits to the
petitioners therein in the light of judgment passed in
CWP No.1667 of 1998 titled as ‘Gujjar Singh & others v.
Chairman, PRTC’ decided on 13.7.2005. However, the
arrears were to be paid from 38 months prior to issuance
of legal notice dated 11.4.2006. As such, the arrears
are to be paid w.e.f. 12.2.2003. It may be mentioned
here that the dispute in the present case relates to
fixation of revised pay scale w.e.f. 1.1.1986 instead of
3.11.1989 for workshop employees of the Corporation
including the petitioners herein. The Corporation vide its
order dated 2.12.1998 has already given this benefit to
the workshop employes w.e.f. 1.1.1986 and the arrears
of the revised pay scales have been given w.e.f.
1.11.1998 i.e much prior to 12.2.2003 as directed in
CWP No.10038 of 2006. The copy of order passed by
the then Managing Director dated 2.12.1998 is attached
herewith as Annexure R-1. Still in compliance of the
order dated 23.12.2008 passed in CWP No.10038 of
2006, the deponent issued the necessary orders for
making the payment on 18.9.2009 to the all depots. The
copy of order passed by the deponent is attached
herewith as Annexure R-2. The General Managers of all
the depots examined the cases of their respective
employees and found that nothing is payable. The copy
one such order is attached herewith as Annexure R-3.”
It is not in dispute that the Corporation vide its order Annexure
COCP No.1586 of 2009(O&M) 3
R-1 has already given the benefit of fixation of revised pay scale w.e.f.
1.1.1986 and the arrears of the revised pay scales have been given w.e.f.
1.11.1998 i.e much prior to 12.2.2003 as directed in CWP No.10038 of
2006. Still order Annexure R-2 was passed by the respondents directing
the payment of arrears of revised pay scale for 38 months prior to
11.4.2006 The General Manager of the respondent-Corporation vide order
dated 26.10.2009 Annexure R-3 has ordered that since the pay of the
petitioner stood already fixed w.e.f. 1.1.1986 and the petitioner was being
paid as such w.e.f. 1.11.1998, therefore, no arrears were payable to him.
In view of the aforesaid, I find no merit in this petition.
Rule discharged.
However, the petitioners shall be at liberty to challenge the
order Annexure R-3 in accordance with law.
November 11, 2009 (RAKESH KUMAR GARG) ps JUDGE