The High Court dismissed the writ petition as infructuous since the petitioners' grant of technical grade was undisputed, but granted liberty to claim arrears via representation.
Petition disposed as infructuous; liberty granted to claim arrears via representation within three weeks.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P.No.11930 of 2011 Date of Decision:- 11.05.2012
Om Parkash and others
....Petitioner(s)
vs.
State of Haryana and others
....Respondent(s)
CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
Present:Mr.Vinod Bhardwaj, Advocate, for the petitioners.
Mr.Sunil Nehra, Sr.DAG, Haryana.
AUGUSTINE GEORGE MASIH, J. (Oral)
Counsel for the respondents, on the basis of the written Statement filed, states that the necessary relief as claimed by the petitioners for grant of technical grade has been granted to them.
This fact is not disputed by the counsel for the petitioners. However, he submits that the petitioners are entitled to arrears which have not been granted to them by the respondents. He places reliance upon a judgment of this Court passed in CWP No.17808 of 2011 titled as Ishwar Singh and others vs. State of Haryana and others, decided on 13.2.2012 wherein this Court had held that the employees, who are granted the grades by the respondents on their own also, would be entitled to arrears of 38 months prior to the date of fixation of technical pay-scales. He states that the petitioners shall file representation to the Executive Engineer, Public Health, Sub-Division No.7, Division No.2, Sonepat-respondent No.4,
C.W.P.No.11930 of 2011
-2-
which may be considered and decided within some specified time.
In the light of the above, the present writ petition is disposed of as infructuous. However, liberty is granted to the petitioners to claim arrears as per the judgment passed by this Court in Ishwar Singh's case (supra) through a representation.
If such a representation is made within a period of three weeks from today, the same shall be considered and decided by the Executive Engineer, Public Health, Sub-Division No.7, Division No.2, Sonepatrespondent No.4 within a period of three months thereafter. Decision so taken be conveyed to the petitioners forthwith.
May 11, 2012 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE
Colour shows how this judgement treated each authority
Ishwar Singh and others vs. State of Haryana and othersRelied on¶16
CWP No.17808 of 2011
Om Parkash and others
State of Haryana and others
Augustine George Masih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
