C.W.P. No.4288 of 1995 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.4288 of 1995 Date of Decision: 13.2.2008 Darya Ram .....Petitioner Vs. State of Haryana and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Sanjay Vij, Advocate for the petitioner. Mr.Ajay Chaudhary, DAG, Haryana. ... RAJIVE BHALLA, J (Oral) Prayer in this petition is, for issuance of a writ in the nature of Mandamus,directing the respondents to release the Special Pay @ Rs.75/- p.m. with effect from 1.2.1981 and @ Rs.150/- p.m. with effect from 1.1.1986, which is attached to the post of Legal Assistants. Counsel for the petitioner submits that on 30.3.1982, respondents issued instructions, granting Special Pay of Rs.75/- p.m. to those Legal Assistants, who were working in the unified pay scale of Rs.700-1250 with effect from 1.2.1981 and after revision of pay scale, a Special Pay of Rs.150/-p.m. for Legal Assistants in the unified pay scale of Rs.700-1250 with effect from 1.1.1986. The Special Pay was subsequently, withdrawn but certain Legal Assistants, working in the Industries Department, impugned the withdrawal of Special Pay by filing a civil suit. The Sub-Judge, Ist Class, Chandigarh, vide judgement and decree dated 30.5.1987, decreed the suit and held that the withdrawal of Special Pay @ C.W.P. No.4288 of 1995 2 Rs.75/- p.m. was illegal and, therefore, the plaintiffs were entitled to Special Pay @ Rs.75/- p.m. continuously and without any interruption with effect from 1.2.1981 and with interest @ 6% p.a. from 1.7.1982 till its actual payment. An appeal filed by the State of Haryana was dismissed by the learned Additional District Judge, Chandigarh, vide judgement dated 14.2.1991. The Regular Second Appeal No.269 of 1992, filed by the State of Haryana, was dismissed on 12.5.1992. It is submitted that the petitioner's case is similar but Special Pay has been denied, on the ground that the petitioner was not a party to the aforementioned judgement and decree. Counsel for the State of Haryana, however, asserts that as the petitioner did not work in the grade of Legal Assistants in the pay scale of Rs.300-600, Rs.350-650, he is not entitled to receive any benefit. I have heard learned counsel for the parties and perused the impugned order. It is not denied by the State of Haryana that pursuant to the judgement and decree dated 30.5.1987 passed by the learned Sub-Judge, Ist, Class, Chandigarh and affirmed by this Court, similarly situated employees have already been granted the benefit of Special Pay. I find no reason and none has been asserted to suggest that the petitioner should be denied the benefit of Special Pay. The contention of the State of Haryana that the petitioner cannot be granted this benefit, as he did not draw the pay scale of Rs.300-600, Rs.350-650 is baseless and incorrect. Even otherwise, when the petitioner was promoted to the post of Legal Assistant, he was drawing a pay scale of Rs.525-1050, a fact established from the Annexures P-1 to P-5, appended with this writ petition. C.W.P. No.4288 of 1995 3 In this view of the matter, the writ petition is allowed. The respondents are directed to grant Special Pay of Rs.75/- p.m. with effect from 1.2.1981 and Rs.150/- p.m. with effect from 1.1.1986 upto 30.11.1996 to the petitioner. The arrears, if any, would be confined to a period of three years and the petitioner would be entitled to simple interest @ 6% p.a. The respondents shall compute the arrears and make payment to the petitioner, within a period of six months from the date of receipt of a certified copy of this order. 13.2.2008 ( RAJIVE BHALLA ) GS JUDGE