IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.2634 of 2010 Date of Decision : February 16, 2010. Mohinder Singh and others .....Petitioners versus State of Punjab and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.S.K.Rattan, Advocate, for the petitioners. Mr.B.S.Chahal, Deputy Advocate General, Punjab. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- ORDER Surya Kant, J. (Oral) Notice of motion. Mr.B.S.Chahal, learned Deputy Advocate General, Punjab, accepts notice on behalf of the respondents. In view of the nature of the order which I propose to pass, there is no necessity to seek any counter-reply from the respondents at this stage. The petitioners are retired Masters/Teachers of the Education Department, Punjab. They are claiming the benefits of revised pay scales w.e.f. 1.11.1971 instead of 16.7.1975. They are also asking for C.W.P.No .2634 of 2010 2 consequential relief i.e., arrears of pay with interest and revised pensionary benefits etc. The aforesaid relief has been sought by the petitioners on the basis of the decision dated 24.3.2009 rendered by a Co-ordinate Bench of this Court in CWP No.2208 of 1989 (Lekh Raj Khera and others versus State of Punjab and another). Mr.B.S.Chahal, learned State counsel fairly states that subject to right of the State to challenge the Single Bench judgment in LPA or SLP etc., the issue raised in this writ petition is squarely answered by the afore- stated judgment. The writ petition is accordingly allowed in terms of the decision of this Court in Lekh Raj Khera's case (supra) and the petitioners are held entitled to the revised pay scales w.e.f. 1.11.1971 instead of 16.7.1975 subject to the following conditions:- (i) The benefits of revised pay scale shall be granted to the petitioners only after the decision of the Single Bench in Lekh Raj Khera's case (supra) attains finality; (ii) In case the respondents decide to file an appeal against the decision in Lekh Raj Khera's case (supra), and any ad- interim stay is granted in their favour, the final order in the present case shall be deemed to have been stayed; (iii) The respondents shall not be required to file separate appeal or SLP in this case as the petitioners undertake to abide by the final decision in Lekh Raj Khera's case (supra), and the same shall be ipso-facto applied to the petitioners also; C.W.P.No .2634 of 2010 3 (iv) No Contempt or Execution proceedings shall be maintainable on behalf of the petitioners till the expiry of four months period from the date the decision in Lekh Raj Khera's case (supra) attains finality. (v) Dasti. 16-02-2010 (SURYA KANT) Mohinder JUDGE