Dismissed

Khazan Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC6 Oct 2012CWP/19955/2012

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by retired petitioners seeking fixation of pay revision from 01.11.1971 instead of 16.07.1975. The court directed authorities to decide a pending representation within four months, clarifying conditions if entitlement is found.

What did the court decide?

Petition dismissed with direction to authorities to decide pending representation within four months in accordance with law.

Khazan Singh and Ors. Vs State of Punjab and… — Service and Employment | Punjab & Haryana HC (2012)

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CWP No.19955 of 2012 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.19955 of 2012 (O&M)

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Date of decision:06.10.2012

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Khazan Singh & others

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......Petitioners

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Vs.

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State of Punjab & others

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...Respondents

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CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.

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Present: Mr. R.K. Arora, Advocate for the petitioners.

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Tejinder Singh Dhindsa, J. (Oral)

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The petitioners have preferred the present writ petition seeking benefit of fixation of pay revision w.e.f. 01.11.1971 instead of 16.07.1975. Admittedly, all the petitioners stand retired.

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Learned counsel appearing for the petitioners contends that the claim as raised in the present petition is covered in terms of the judgment dated 24.03.2009 passed by this Court in CWP No.2208 of 1989 titled as Lekh Raj Khera & others Vs. State of Punjab & others (Annexure P-5). Counsel further submits that even a representation dated 05.07.2009 (Annexure P-6) stands submitted to the respondent/authorities and is pending consideration.

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Without making any observation as regards the merit of the claim raised in the present petition, I deem it appropriate to dispose of the present petition with directions to the respondent/authorities to decide the representation dated 05.07.2009 (Annexure P-6) strictly in accordance with

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CWP No.19955 of 2012 (O&M)

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law in terms of passing a speaking order within a period of four months from the date of receipt of certified copy of this order. It is clarified that in the eventuality of the petitioners being found entitled as regards the benefit of pay revision w.e.f. 01.11.1971, it shall be open for the respondent/authorities to consider the feasibility of notional pay fixation and restrictions of actual arrears to a period of 38 months from the date of filing of the present writ petition.

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Petition disposed of accordingly.

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October 06, 2012 (TEJINDER SINGH DHINDSA) harjeet JUDGE

Khazan Singh and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

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Khazan Singh and Ors. v. State of Punjab and Ors.

Case brief

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