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Rattan Pal Singh v. Shri K.C. Sharma - COCP-102-2006 [2006] RD-P&H 6243 (31 August 2006)

COCP No.102 of 2006 -: 1 :-


COCP No.102 of 2006

Date of decision: August 25, 2006.

Rattan Pal Singh



Shri K.C. Sharma


Present: Shri Ashwani Talwar, Advocate for the petitioner.

Shri Narender Sura, Asstt. Advocate General, Haryana for the respondent.

Surya Kant, J. (Oral)

The petitioner filed CWP No.8543 of 2005, which was disposed of on May 26, 2005 with a direction to take decision on his legal notice by passing a speaking order within a period of two months. It was further directed that if the petitioner's request was accepted, necessary relief shall be granted to him within a period of one month thereafter.

Alleging non-compliance of the aforesaid order, this contempt petition has been filed.

In response to the show cause notice, Mr. K.C. Sharma, IAS, Financial Commissioner & Principal Secretary to Govt. Haryana, Revenue Department has filed his affidavit. Along with the said affidavit, a copy of the order dated 14.9.2005 (Annexure R-1) has been appended vide which the petitioner has been granted the selection grade. There is yet another COCP No.102 of 2006 -: 2 :-

order issued on 13.4.2006 (Annexure R-2) whereby the pay of the petitioner has been fixed in the selection grade w.e.f. 1.1.1996. There is one more order dated 12.4.2006 (Annexure R-3) vide which certain monetary benefits have also been granted to the petitioner.

On the strength of the afore-mentioned orders, Learned State Counsel contends that the directions issued by this Court have been complied with in their true letter and spirit.

Learned Counsel for the petitioner, however, states that though necessary reliefs have been granted to the petitioner but the arrears as a result of his pay fixation in the selection grade, in terms of the order dated 13.4.2006 (Annexure R-2), have not yet been released.

Having regard to the fact that substantial part of the directions issued by this Court have already been complied with, this petition is disposed of with a direction to the authorities concerned to release the consequential arrears to the petitioner, if already not released, within a period of one month from today.

However, if the petitioner is still left with any grievance, liberty is granted to him to have recourse to approach an appropriate forum in accordance with law, if so advised.

Disposed of.

Rule discharged.

August 25, 2006. [ Surya Kant ]

kadyan Judge


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