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D.K. SOOD versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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D.K. Sood v. State of Haryana & Ors - CWP-954-1995 [2006] RD-P&H 2783 (2 May 2006)

C.W.P. No. 954 of 1995 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

C.W.P. No. 954 of 1995

Date of Decision: May 5, 2006

D.K. Sood

.....Petitioner

Vs.

State of Haryana and others

.....Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR.
HON'BLE MR. JUSTICE M.M.S. BEDI.

Present:- Mr. R.K. Malik, Advocate

for the petitioner.

Mr. Harish Rathee, Sr. DAG, Haryana,

for the respondent.

-.-

M.M. KUMAR, J. (ORAL)

The basic prayer made by the petitioner in this petition is that a direction be issued to the respondents to grant him the pay scale of Sub Divisional Engineer, w.e.f. the date the petitioner was granted deemed date of promotion i.e. December 31, 1976. A further direction was sought to C.W.P. No. 954 of 1995 [2]

grant the petitioner to pay scale of Rs.4100-5300/- w.e.f. May 1, 1989, in view of the policy decision annexure P-2. It has still further been prayed that the petitioner be granted the revised pension and gratuity and all other retiral benefits along with arrears with interest.

When the matter came up for consideration on January 8, 1996, a Division Bench of this Court has passed the order for listing the case after the decision of Special Leave Petition No. 3799 of 1995. The decision in the aforementioned Special Leave Petition has been rendered in the case titled as State of Haryana Vs. O.P. Gupta, decided on January 12, 1996, holding that the payment of arrears of salary cannot be granted in cases where retrospective promotion has been ordered as the employee had not worked on the aforementioned post during that period.

Mr. R.K. Malik, learned counsel for the petitioner has fairly stated that in view of the judgment of the Hon'ble Supreme Court in O.P.Gupta's case (supra), the prayer made by the petitioner with regard to retrospective pay scale and the payment of arrears would not survive.

However, according to him, his prayer with regard to fixation of his pay w.e.f. May 1, 1989 in the pay scale of Rs.4100-5300/- would still needs to be pressed.

However, from the perusal of averments made in paras 8, 9 and 11 of the reply, it is evident that the petitioner has been granted the pay scale of Rs.4100-5300/- w.e.f. May 1, 1989, and all consequential benefits have also been paid in the aforementioned scale subject to final decision of the writ petitions pending before this Court.

C.W.P. No. 954 of 1995 [3]

In view of the stand taken by the respondents, it is evident that even the prayer with regard to grant of pay scale of Rs.4100-5300 w.e.f.

May 1, 1989 has also been rendered infructuous. Accordingly, the writ petition has to be dismissed as having been rendered infructuous. Ordered accordingly.

(M.M.KUMAR)

JUDGE

May 5, 2006 (M.M.S.BEDI)

sanjay JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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