COCP No.1586 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1586 of 2009(O&M) Date of decision: 11.11.2009 Sant Ram and others ......Petitioner(s) Versus Sh. D.S. Jaspal, IAS & others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. R.C. Chatrath, Advocate for the petitioners. Mr. Harsh Aggarwal, Advocate for the respondents. Rakesh Kumar Garg, J.(Oral) CM No.20556-CII of 2009 Application is allowed subject to all just exceptions. COCP No.1586 of 2009 Vide judgment dated 23.12.2008 passed by this Court in CWP No.10078 of 2006, the respondents were directed to grant the benefits to the petitioners in the light of the judgment passed in CWP No.1667 of 1998. However, the arrears were to be paid for 38 months prior to the issuance of legal notice dated 11.4.2006. The grievance of the petitioners before this Court is that the respondents have failed to make compliance of the aforesaid judgment passed by this Court. In response to the show cause notice issued by this Court, reply by way of affidavit of Sh. Manvesh Singh Sidhu, Managing Director, Pepsu Road Transport Corporation, Patiala has been filed, wherein it has been submitted as under: “That vide order dated 23.12.2008 passed by this COCP No.1586 of 2009(O&M) 2 Hon'ble Court in CWP No.10038 of 2006, the respondents were directed to grant the benefits to the petitioners therein in the light of judgment passed in CWP No.1667 of 1998 titled as 'Gujjar Singh & others v. Chairman, PRTC' decided on 13.7.2005. However, the arrears were to be paid from 38 months prior to issuance of legal notice dated 11.4.2006. As such, the arrears are to be paid w.e.f. 12.2.2003. It may be mentioned here that the dispute in the present case relates to fixation of revised pay scale w.e.f. 1.1.1986 instead of 3.11.1989 for workshop employees of the Corporation including the petitioners herein. The Corporation vide its order dated 2.12.1998 has already given this benefit to the workshop employes w.e.f. 1.1.1986 and the arrears of the revised pay scales have been given w.e.f. 1.11.1998 i.e much prior to 12.2.2003 as directed in CWP No.10038 of 2006. The copy of order passed by the then Managing Director dated 2.12.1998 is attached herewith as Annexure R-1. Still in compliance of the order dated 23.12.2008 passed in CWP No.10038 of 2006, the deponent issued the necessary orders for making the payment on 18.9.2009 to the all depots. The copy of order passed by the deponent is attached herewith as Annexure R-2. The General Managers of all the depots examined the cases of their respective employees and found that nothing is payable. The copy one such order is attached herewith as Annexure R-3.” It is not in dispute that the Corporation vide its order Annexure COCP No.1586 of 2009(O&M) 3 R-1 has already given the benefit of fixation of revised pay scale w.e.f. 1.1.1986 and the arrears of the revised pay scales have been given w.e.f. 1.11.1998 i.e much prior to 12.2.2003 as directed in CWP No.10038 of 2006. Still order Annexure R-2 was passed by the respondents directing the payment of arrears of revised pay scale for 38 months prior to 11.4.2006 The General Manager of the respondent-Corporation vide order dated 26.10.2009 Annexure R-3 has ordered that since the pay of the petitioner stood already fixed w.e.f. 1.1.1986 and the petitioner was being paid as such w.e.f. 1.11.1998, therefore, no arrears were payable to him. In view of the aforesaid, I find no merit in this petition. Rule discharged. However, the petitioners shall be at liberty to challenge the order Annexure R-3 in accordance with law. November 11, 2009 (RAKESH KUMAR GARG) ps JUDGE