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Baljit Kaur and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC22 Jul 2011CWP/10178/2011

Case brief

AI extract

What is this about?

Retired teachers sought revised pay scales w.e.f. 1.11.1971 relying on coordinate bench decision. Court denied arrears of pay due to delay but granted notionally fixed revisions for post-retiral benefits w.e.f. 31.05.2011 within four months.

What did the court decide?

Respondents to consider claim for revised pay scales w.e.f. 1.11.1971; pay fixed notionally for pension w.e.f. 31.05.2011 within four months.

Baljit Kaur and Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2011)

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

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C.W.P. No. 10178 of 2011 . [O&M] Date of Decision: 22^nd July, 2011.

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Baljit Kaur and others

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Petitioners through Mr. Sunny Singla, Advocate

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Versus

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State of Punjab & Ors. Respondents.

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CORAM:

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HON'BLE MR. JUSTICE SURYA KANT.

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1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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SURYA KANT, J. [ORAL]

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Notice of motion.

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Mrs. Charu Tuli, learned Sr. DAG, Punjab, accepts notice. Keeping in view the nature of order which I propose to pass, there is no need to ask the respondents to file any counter-affidavit at this stage.

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The petitioners are retired Teachers/Masters of the Education Department, Government of Punjab. In this writ petition, they seek a Mandamus to direct the respondents to grant them the revised pay scales w.e.f. 1.11.1971 instead of 16.7.1975 and accordingly fix their pay as well as the post-retiral benefits.

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In support of their claim, the petitioners rely upon a decision rendered by a coordinate Bench in CWP No. 2208 of 1989 Lekh Raj Khera & Ors. V State of Punjab & Ors. decided on 24.03.2009 [Annexure P-2].

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On the other hand, Mrs. Charu Tuli, Sr. DAG, Punjab relies upon a decision of the Hon'ble Supreme Court in A.P.Steel

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Re-rolling Mills Limited v State of Kerala & Ors., [2007] 2 SCC,

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725 and contends that since the petitioners did not approach this Court within a reasonable period, not only their claim is barred at this stage by delay and latches, the benefit of the cited decision can also not be extended to them ipso-facto .

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Having heard learned counsel for the parties at some length, I am of the considered view that if the entire claim put forth by the petitioners on the strength of the decision rendered by this Court in Lekh Raj Khera's case [supra] is denied, it would give rise to an anomalous situation besides causing lot of heart burning to the petitioners. However, the petitioners at the same time, can not be treated at par with those who had approached this Court promptly and yet waited for years to seek justice. The ends of justice, therefore, can be adequately met by directing the respondents that the claim of the petitioners regarding grant of revised pay scales w.e.f. 1.11.1971 instead of 16.7.1975 be considered in terms of the decision of this Court in Lekh Raj Khera's case [supra] and if they are found entitled, their pay and retiral benefits be notionally fixed/ revised.

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The petitioners, however, shall not be entitled to any arrears of pay and shall be paid the revised pension only w.e.f. 31.05.2011 onwards. The entire exercise shall be completed by the respondents within a period of four months from the date a certified copy of this order is received.

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Disposed of. Dasti .

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July 22, 2011. ( SURYA KANT ) dinesh JUDGE

Baljit Kaur and Ors. v. State of Punjab and Anr.

Case brief

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Baljit Kaur and Ors. v. State of Punjab and Anr.

Case brief

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