CWP No.16214 of 1998 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 16214 of 1998 Date of Decision: 23 - 8 - 2010 T.R.Gupta ....Petitioner v. State of Haryana and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Shyam Kumar Sharma, Advocate for the petitioner. Mr.Himanshu Raj, AAG, Haryana for respondents No.1 and 2. Mr.K.L.Dhingra, Advocate for respondent No.3. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner retired as a JBT teacher on 30.4.1998 from S.D. Senior Secondary School, (Multan), Karnal. In the present writ petition, the petitioner has prayed that a direction be issued to the respondents to disburse his retiral benefits. Counsel for the petitioner has submitted that he will only pray that after revision of pay scales, the salary be paid to the petitioner in the revised pay scales and arrears be calculated and released to him. It has been further submitted that petitioner has not been paid gratuity as per CWP No.16214 of 1998 [2] revised pay scales and lastly, the petitioner has been denied the Higher Standard Pay Scale on completion of 10 and 20 years of service. In the reply filed by State of Haryana, it has been stated that Management of respondent No.3 – S.D.Senior Secondary School (hereinafter to be referred as, `the respondent-School') was duty bound to fix the pay of the petitioner in the revised pay scales w.e.f. 1.1.1996 and then liable to pay the arrears due to re-fixation of pay. It has been further stated that as and when the payment is made, the same will be disbursed to the Management of the respondent-School by the Government. State of Haryana in the reply filed has further stated that the petitioner is entitled to Higher Standard Pay Scale on completion of 10 and 20 years of service in view of ratio of law laid down in State of Haryana and others v. Champa Devi and others, S.L.P.Nos.8475-76 of 1998, decided on 17.1.2002. Counsel for the respondent-School has submitted that petitioner was paid salary in the revised pay scales. So far as the arrears are concerned, they will be disbursed to the petitioner. It has been further submitted that revised gratuity payable to the petitioner has been prepared and the same shall be paid as and when the petitioner will come forward to receive the same. It has been further stated that Higher Standard Pay Scale has been granted to the petitioner and benefit to this effect has been disbursed. Counsel for the petitioner disputes the aforesaid facts. In view of this, District Education Officer, Karnal is directed to hold an enquiry and determine as to what amount is due to the petitioner. The District Education Officer shall complete the enquiry within one month from the date of receipt of a certified copy of this order. After hearing the CWP No.16214 of 1998 [3] parties, the District Education Officer shall pass a detailed order. The parties will be at liberty to assail the order passed within one month from the date of passing of the order. In case that order is not assailed and is accepted, the District Education Officer shall ensure that payment in accordance with the order passed by him is released to the petitioner within two months thereafter. With the aforesaid direction, the writ petition stands disposed of. ( KANWALJIT SINGH AHLUWALIA ) August 23, 2010. JUDGE RC