IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.8439 of 1990 (O&M) Date of decision:27.05.2011 Daljit Singh and others ...Petitioners versus State of Punjab ....Respondent II Civil Writ Petition No.8456 of 1990 (O&M) Om Parkash and others ...Petitioners versus The State of Punjab ....Respondent CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Pawan Kumar Goklaney, Advocate, for the petitioners. Mr. K.S.Sivia, Deputy Advocate General, Punjab. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The writ petitioners have sought for a direction by mandamus that they shall be paid the additional house rent allowance w.e.f. 01.01.1986 instead of 01.09.1988 as per the recommendations of the third Pay Commission. The basis of their claim is that while all other Civil Writ Petition No.8439 of 1990 (O&M) - 2 - recommendations of the third Pay Commission with reference to all allowances were effective from 01.09.1988, the respondents were denied their entitlement to additional house rent allowance from 01.01.1986. 2. The counsel asserts that they have received the benefits already from 01.01.1986. If they have obtained such benefits already, they shall not be required to refund the same in terms of the law laid down by the Full Bench of this Court in Budh Ram and others Versus State of Haryana and others-2009(3) PLR 511. However, if the amounts have not been paid, they are not required to be paid by the State since the petitioners have not made any attempt before me to show how they are entitle to claim the benefits retrospectively. 3. Both the writ petitions are disposed of as above (K. KANNAN) JUDGE 27.05.2011 sanjeev