Civil Writ Petition No.13983 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.13983 of 2010 Date of Decision : 26th May, 2011. Gurdial Singh and Others ....Petitioners Versus State of Punjab and Others ....Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Vikas Chatrath Advocate for the petitioners. Ms.Anupal, AAG, Punjab. * * * Permod Kohli, J.(Oral) The petitioners are working as teachers, Masters/Headmasters in the Department of Education, Punjab. In the year 1988, the Punjab Government revised the pay scales of the Punjab Government employees under Punjab Civil Services (Revised Pay) Rules, 1988 w.e.f. 01.01.1986. Under these rules, the employees were required to exercise their option for the revised pay scales by 31.12.1987. The petitioners had given their option in accordance with law. The revised pay rules were amended vide subsequent notifications dated 31.05.1989 and 24.12.1992. Since the petitioners had already exercised their option, they were put to disadvantangeous position. A number of writ petitions came to be filed before this Court and all these writ petitions were allowed. Directions were issued in various writ petitions including CWP No.7664 of 2009 and other connected matters. Directions of Court have been implemented by the Government. Recently, the State Govt. has issued circular dated 24.01.2011 for implementation of the various judgments of this Court. All the willing Govt. employees have been allowed to exercise fresh option subject to the condition that their pay Civil Writ Petition No.13983 of 2010 2 will be fixed notionally. The relevant circular reads as under; “That to implement the orders passed in CWP Nos.7664 of 2009, 8936 of 2010, 9140 of 2010, 9765 of 2010, 9956 of 2010, 10566 of 2010 and 15803 of 2008, the Finance Department has given an approval to change the option by the petitioner employees subject to the condition that their pay will be fixed notionally as per the orders of the court and they will not be paid any arrears. It is further made clear that in other similar cases/matters necessary change of option be allowed.” In view of the above, this petition is allowed. The respondents are directed to allow the petitioners to exercise their option within a period of one month from the date of receipt of certified copy of this order. However, the petitioners shall be entitled to the benefit of the revised option only notionally. On exercising fresh options, the claims of the petitioners be redetermined and released within a period of three months from the date of receipt of certified copy of this order. (PERMOD KOHLI) 26.05.2011. JUDGE Seema-II