Disposed

Er. Bichha Ram Chaudhary and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC5 Apr 2013CWP/15546/1994

Case brief

AI extract

What is this about?

The High Court disposed of the present writ petition challenging pay scale withdrawals by directing the parties to follow the terms and directions given in the earlier disposed CWP No. 7947 of 1990, which the petitioner had filed along with this one.

What did the court decide?

The petition was disposed of in the same terms and with the same directions as in CWP No. 7947 of 1990.

Er. Bichha Ram Chaudhary and Ors… — Pension and Retirement Benefits | Punjab & Haryana HC (2013)

¶1

CWP No. 15546 of 1994

¶2

¶3

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶4

CWP No. 15546 of 1994 Date of Decision:- April 05, 2013

¶5

Er. Bihha Ram Chaudhary and others

¶6

..............PETITIONER(S)

¶7

vs.

¶8

State of Haryana and others

¶9

...........RESPONDENT(S)

¶10

CORAM:- HON'BLE MR. JUSTICE G.S. SANDHAWALIA

¶11

Present:None for the petitioners.

¶12

Mr. S.S. Patter, Sr. DAG, Haryana.

¶13

G.S. SANDHAWALIA, J. (Oral)

¶14

The present petition has been filed under Article 226 of the Constitution of India for setting aside order dated 07.10.1994 whereby, the pay scale of 4,100-5,300/- granted to the petitioners no. 1 and 2 was withdrawn and similar order whereby pay of petitioner no. 3 was fixed in the scale of 3,0004,500/- and was withdrawn from the senior scale of `4,100-5,300/- and for restoration of higher grade.

¶15

The writ petition was admitted to be heard alongwith CWP No. 7947 of 1990 on 27.03.1995 in which order dated 16.05.1990 was challenged which has also been referred to in the present writ. CWP No. 7947 of 1990 was disposed of on 17.08.2001 with the following directions:-

¶16

“(1) The writ petition so far as it challenges

¶17

the selection grade of 4100-5300/- after 12 years of regular satisfactory service and limited to 20 per cent of the cadre posts, is without any merit and order dated 16.5.1990 to that extent is held valid.

¶18

(2) Amount, if actually paid to the

¶19

CWP No. 15546 of 1994

¶20

¶21

petitioners on account of order dated 2.6.1989 but before issuance of order dated 16.5.1990, shall not be recovered.

¶22

(3) The Government shall take a decision

¶23

within three months from the date of receipt of the order in regard to waiving off the amount qua the petitioners who have since died.

¶24

(4) The pension received by the petitioners

¶25

who have since retired and the family pension received by the legal representatives of the deceased-petitioners shall be refixed in accordance with order dated 16.5.1990.

¶26

(5) Any dues recoverable from the petitioners, who may have retired or are serving, on account of order dated 16.5.1990 shall be recovered in easy instalments to be fixed by the Government.”

¶27

Accordingly, the present petition is also disposed of in the same

¶28

terms.

¶29

05.04.2013 shivani

Er. Bichha Ram Chaudhary and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Er. Bichha Ram Chaudhary and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kulwant Singh and Others Vs State of Punjab and Another

Satya Narain Vs State of Haryana

Hardial Singh & Ors. Vs State of Punjab & Ors.

Mehar Singh Vs State of Hy.

Sukhdev Singh Vs the State of Punjab

Pseb Vs M C Kharar