Civil Writ Petition No. 6670 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Civil Writ Petition No. 6670 of 2011 Date of Decision : 20.4.2011 **** Ishwar Chander Aggarwal ............ Petitioner Versus The State of Punjab through the Principal Secretary, Department of Home Affairs and Justice, Government of Punjab & another ......... Respondents CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. T.N. Gupta, Advocate for the petitioner. **** AUGUSTINE GEORGE MASIH,J. (ORAL) Prayer in the present writ petition by petitioner is that he retired as District and Sessions Judge, Gurdaspur, Punjab on 31.10.1997. Pay scales were revised by the State of Punjab w.e.f. 1.1.1996. The pay scales specific to the Judicial Officers all over the country were further revised, in view of the order of the Supreme Court in the case of 'All India Judges Association Vs. Union of India & Ors', wherein the recommendations of the 'First Judicial Pay Commission' popularly known as the 'Shetty Commission', were accepted and directed to be implemented. Counsel for the petitioner contends that as per Rule 7 of the Punjab Civil Service (Revised Pay) Rules, 1998, the petitioner was entitled to four additional increments, which were not given to him. Similarly placed retired officers of the Punjab Superior Judicial Civil Writ Petition No. 6670 of 2011 -2- Service filed Civil Writ Petition No. 1316 of 2007 titled 'K. K. Garg vs. the State of Punjab and another', which was decided by this Court vide order dated 26.11.2008, wherein the relief claimed by the petitioners were granted to them. The said judgment has been implemented in the case of the said petitioner, Sh. K.K. Garg. Counsel for the petitioner contends that Sh. K.K. Garg is junior to the petitioner and, therefore, he made a representation for grant of the same benefits, which were granted to Sh. K.K. Garg. The said representation dated 19.4.2010 (Annexure P-5) was addressed to the Registrar General, Punjab & Haryana High Court, Chandigarh. He has been intimated vide letter dated 25.5.2010 (Annexure P-6) by the Registrar General of the High Court that the representation of the petitioner is pending with the Punjab Government. No decision has been conveyed to the petitioner till date on his representation. Counsel for the petitioner submits that the petitioner at this stage would be satisfied, in case a time bound direction be issued to respondents to consider and decide the representation dated 19.4.2010 within some specified period and release the consequential benefits if the petitioner is found entitled to such relief within a further time bound period. Without going into the merits of the case, nor commenting thereon, the present writ petition is disposed of with a direction to the respondents to consider the representation dated 19.4.2010 (Annexure P-5) within a period of two months from the date of receipt of certified copy of this order. As per the reply received by the petitioner from the Registrar General of the High Civil Writ Petition No. 6670 of 2011 -3- Court, it is apparent that the case is under consideration with the Punjab Government, therefore, a specific direction is issued to Principal Secretary, Department of Home Affairs and Justice, Government of Punjab-respondent No.1 to take a decision and convey the same to respondent No.2. In case the claim of the petitioner is accepted, the respondents, within a period of four weeks thereafter, shall release all the consequential benefits to the petitioner. The petitioner may file a separate representation with regard to the claim of interest, if he so desires. 20.4.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE