Civil Writ Petition by Medical Laboratory Technicians seeking enhancement of pay scales. Court held that despite a pending appeal, directions must be issued to the respondent to decide the pay scale issues within six months.
Direction to the respondent to decide the pay scale issues within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
#1#
CWP No.12560 of 2003
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.12560 of 2003
Date of Order: 7.12.2009
A.K. Malhotra and others
...Petitioners
Versus
Post Graduate Institute of Medical Education & Research, Chandigarh
....Respondent
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. R.L. Gupta, Advocate for the petitioners.
M.M. KUMAR,J
The petitioners are Medical Laboratory Technicians and Senior Laboratory Technicians. They have prayed for issuance of directions to the respondents to revise their pay scales in terms of Regulation 40 of the Post Graduate Institute of Medical Education and Research, Chandigarh, Regulations, 1967 (for brevity “the Regulation”), which have been framed under the Post Graduate Institute of Medical Education and Research, Chandigarh Act, 1966. Petitioners had earlier made a representation, which resulted in refusal vide order dated 1.7.2003.
The basic grievance made by the petitioners was that the enhanced pay scales have been allowed in accordance with Notification of the Punjab Government dated 27.8.2002 and the same have not been
CWP No.12560 of 2003 #2#
extended to them. Representation was rejected on the ground that LPA No.1438 of 2001 titled State of Punjab v. Ved Prakash Mangla and others was pending and no decision could be taken till the final decision of the aforesaid LPA. Even in the written statement, the stand taken by the respondent is that LPA No.1438 of 2001 was pending. The aforesaid pendency of LPA appears to have some bearing on the claim made by the petitioners when we read Regulation 40 of the Regulations. Letters Patent Appeal No.1438 of 2001 has now been dismissed on 3.12.2009.
Keeping in view the stand taken by the respondent in order dated 1.7.2003 (Annexure P.11) as well as written statement, we are of the view that the directions deserve to be issued to the respondents to decide the issues of pay scale of Senior Medical Laboratory Technician-I and Senior Laboratory Technician and others similarly situated para medical staff.
Let the needful be done within a period of six months from today. If the claim of the petitioner is found meritorious, then the enhanced pay scale shall be paid to them as per law.
Petition stands disposed of.
( M.M. KUMAR ) JUDGE
( JASWANT SINGH ) JUDGE
December 07, 2009 manoj
2 issues framed by the court
Whether the petitioners, being Medical Laboratory Technicians and Senior Laboratory Technicians, are entitled to enhanced pay scales under Regulation 40 of the Regulations, 1967.
Whether the pendency of Letters Patent Appeal No.1438 of 2001 justified the respondent's refusal to grant enhanced pay scales.
2 provisions across 2 enactments
A.K. Malhotra and others
Post Graduate Institute of Medical Education & Research, Chandigarh
M.M. KUMAR
JASWANT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
