IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Writ Petition No. 5337 of 2000
DATE OF DECISION : SEPTEMBER 23, 2009
HARJINDER SINGH SANDHU & ANR.
....... PETITIONER(S)
VERSUS
STATE OF PUNJAB & ORS.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
Mr. Kapil Kakkar, Advocate, for the petitioner(s).
Mr. YK Sharma, DAG, Punjab.
AJAI LAMBA, J. (Oral)
This petition under Article 226 of the Constitution of India has
been filed for issuance of a writ in the nature of certiorari quashing order
dated 12.11.1999 (Annexure P-9). It has been pleaded that other persons
similarly situated as the petitioners have been granted the relief of higher
pay scale, on acquiring higher qualification. The benefit, however, has
been denied to the petitioners.
A perusal of the impugned order (Annexure P-9) indicates that
Civil Writ Petition No. 5337 of 2000 2
the petitioners had earlier approached this Court by way of filing CWP
1459 of 1999 (Harjinder Singh Sandhu v. State of Punjab and others), for
claiming the pay scale of Rs.110-250, on acquiring higher qualification.
The petition was disposed of vide order dated 3.2.1999 with a direction
that Justice Demand Notice/representation be decided.
Vide the impugned order (Annexure P-9), the claim of the
petitioners for grant of pay scale of Rs.110-250, on acquiring higher
qualification, has been rejected.
Learned counsel for the petitioners contends that the case is
covered by the judgment of this Court rendered in CWP 3931 of 1992
(Baldev Raj Mittal and others v. State of Punjab and others) decided on
15.4.2009.
Learned counsel for the respondent-State concedes that the
issue raised in this petition is covered by the judgment rendered by this
Court in Baldev Raj Mittal’s case 9supra).
In view of the conceded position, the impugned order
(Annexure P-9) is hereby quashed and the petition is allowed in terms of
the judgment in Baldev Raj Mittal’s case (supra).
September 23, 2009 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?