The court dismissed a writ petition filed by senior JBT teachers claiming pay disparity with their juniors. The judge rejected the claim, noting the anomaly stemmed from a prior judgment benefiting only specific parties and held that no extraordinary writ jurisdiction was warranted.
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.
CWP No.13190 of 1998 (O&M)
467
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.13190 OF 1998 (O&M) DATE OF DECISION : 03.08.2022
Shanti Sarup Gupta and others
…Petitioners
Versus
The State of Haryana and others …Respondents
CORAM : HON’BLE MR. JUSTICE ARUN MONGA
Present : Mr. Shubham Saroha, Advocate for Mr. S.P. Laler, Advocate for the petitioners.
Mr. R. D. Sharma, D.A.G., Haryana. ***
ARUN MONGA, J. (ORAL)
Grievance of the petitioners who joined as JBT Teachers is qua pay anomaly owing to which, they claim to be receiving lesser salary than their juniors and they seek issuance of a writ of mandamus directing the respondents to fix their pay equivalent to their juniors in accordance with Rule -7, Note – 6 of the Pay Revision Rules, 1986 and consequential relief qua the arrears alongwith interest has also been sought.
ASHISH 2022.08.12 12:37 I attest to the accuracy and integrity of this document
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CWP No.13190 of 1998 (O&M)
Manmohan Lal and others vs. State of Haryana and others, decided on 30.10.1990, whereby DA cut relief has been granted only to those 81 petitioners who were party therein.
More particularly, when the other set of similarly situated counterparts of petitioners specifically filed civil writ petition bearing CWP No.17597 of 1997 seeking correction of pay anomaly, which arose out of the judgment
passed in CWP No.3924 of 1990 was dismissed.
miscellaneous application, if any, also stands disposed of.
August 03, 2022 ( ARUN MONGA ) ashish JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
ASHISH 2022.08.12 12:37 I attest to the accuracy and integrity of this document
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2 issues framed by the court
Whether the pay anomaly suffered by JBT teachers who joined later can be fixed by directing the State to equalize pay with juniors based on Rule 7, Note 6 of Pay Revision Rules, 1986.
Whether the judgment in Manmohan Lal and others vs. State of Haryana can be relied upon as a preclusive basis for granting similar pay equality relief to subsequent petitioners.
Shanti Sarup Gupta and others
The State of Haryana and others
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
