Civil Writ Petition No. 12265 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 12265 of 2011 Date of decision:- 26.07.2011 Surinder Kaur and others ...Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- None for the petitioners. Ms. Anu Pal, AAG Punjab. RITU BAHRI J.(Oral) Petitioners are seeking revision of pay-scale w.e.f. 1.11.1971 instead of 16.7.1975. As per judgment passed by this Court in writ petition No.2208 of 1989 titled as 'Lekh Raj Khera and others versus State of Punjab and another (P-7). The petitioners are claiming the benefit of revised pay-scales on completion of 5 years of service as has been given to other similarly situated persons. While disposing of Writ Petition No.2208 of 1999 a direction was given to extend the benefit of pay revision w.e.f. 1.11.1971 instead of 16.7.1975. Further direction was given to fix the pay scales of such of the petitioners whose unrevised pay falls between two stages in the new time scale in the revised scale in the next stage, within four months from the date of receipt of certified copy of the order. It is not disputed by counsel for the State that the matter is squarely covered by the judgment 'Lekh Raj Khera and others versus State Civil Writ Petition No. 12265 of 2011 -2- of Punjab and another'. On the question that petitioners' refixation is being sought after a considerable delay, this Court has considered in Full Bench judgment of this Court in Saroj Kumari and others versus The State of Punjab and others 1998(5) Services Law Reporter 266 has examined the question of re-fixation in the context of delay in approaching the Court and held as under :- “9. Learned counsel for the petitioners submitted that in case of wrong fixation of pay to which an employee may be entitled under the relevant rules, instructions or even on account of a judgment, there is no question of any limitation as the wrong payment of salary every month is a continuing wrong against him which gives rise to recurring cause of action each time he is paid salary which is not computed according to the relevant rules, instructions or a judgment, the employees in such a case has a right to ask for a direction to the State Government or to the employer to fix the pay correctly right from day one in accordance with the relevant rules and instructions. However, while granting the relief of arrears of pay etc., the same can be confined to three years and two months which is the period of limitation provided for getting a relief of realisation of arrears in a civil suit. 14. For the foregoing reasons we are of the view that in cases where only fixation of pay according to the relevant rules/instructions or a judgment is prayed for, the writ petition cannot be dismissed at the threshold on the ground of delay and laches but the payment of arrears can be restricted to a reasonable period. Three years and two months would be considered a reasonable period as that is the period for which a person can ask for the payment of arrears before a Civil Court.” In view of the above circumstances the petition is allowed in terms of the judgment in Lekh Raj Khera's case. However, the claim for arrears is Civil Writ Petition No. 12265 of 2011 -3- restricted to three years preceding the filing of the writ petitions. No costs. July 26, 2011 ( RITU BAHRI ) Vijay Asija JUDGE