CWP No.2703 of 1992 :1:
In the High Court of Punjab and Haryana at Chandigarh.
Date of decision:20.02.2009.
Parshotam Lal and others ... Petitioners
Versus
State of Punjab and another ... Respondents.
CORAM: HON’BLE MR. JUSTICE PERMOD KOHLI
Present: Mr.Dheeraj Jain, Advocate, for the petitioners.
Mr.Yatinder Sharma, DAG, Punjab.
PERMOD KOHLI, J. (Oral):
The petitioners have filed this petition seeking benefit of
Special Pay of Rs.100/- per moth with effect from 01.01.1986, on the
ground that the Third Pay Commission recommended the
Special Pay of Rs.100/- with effect from 01.01.1986. The
petitioners have accordingly challenged the notification dated
17.02.1989, Annexure P-1.
No reply has been filed. Specific averment has been made
in the writ petition that Third Pay Commission’s Recommendations
were accepted and the benefit was conferred upon the employees with
effect from 01.01.1986 which has not been denied by the respondents.
The State cannot apply part of the recommendations on a date and the
other on the a different date particularly when the recommendations
have been accepted.
In view of the above, this petition accordingly succeeds
and disposed of with a direction to the respondents that the petitioners
CWP No.2703 of 1992 :2:
shall be entitled to Special Pay of Rs.100/- per month with effect from
01.01.1986. The respondents will work out the arrears of Special Pay
and pay the same to the petitioners within a period of three months
from the date a certified copy of this order is supplied to the competent
authority. No costs.
20.02.2009. (PERMOD KOHLI) BLS JUDGE
