Civil Writ Petition No.5962 of 2001 (O&M) : 1 : 1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5962 of 2001 Date of Decision: May 20, 2008 Jagdish Chander and another ...Petitioners VERSUS State of Haryana and others ...Respondents CORAM: HON'BLE MR.JUSTICE RANJIT SINGH 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? Present: Mr.Rajbir Sehrawat, Advocate, for the petitioners. Mr.Yashwinder Singh, AAG, Haryana, for the State. ***** RANJIT SINGH, J. The petitioners, two in number, have filed this writ petition praying for issuance of a writ in the nature of mandamus commanding the respondents to grant pay scale of Rs.1200-2040 Civil Writ Petition No.5962 of 2001 (O&M) : 2 : with effect from the dates of their appointment, i.e., 12.6.1992 and 21.4.1993 respectively. Further prayer is that the petitioners be granted a revised pay scale of Rs.4000-6000 as per the recommendations of 5th Pay Commission. The writ petition stands admitted. Now the application has been moved with a prayer that the controversy in the present writ petition is squarely covered by the judgments rendered and annexed with the petition as Annexures P14 to P18. Notice of the application was issued to the State of Haryana. Heard the counsel. The case relates to entitlement of the petitioners to grant of revised pay scales in terms of notification dated 23.8.1990 whereby the State has given pay scale of Rs.1200-2040 to the technical post holders having matric with ITI diploma in terms of notification, Annexure P-8. The petitioners claim that they are eligible for this pay scale from the date of their appointments but are being denied the same. They filed various representations, but the requisite relief has not been granted. It is stated that similar relief has been granted to some of the similarly situated persons. It is then mentioned that some identically placed persons filed Writ Petition No.11909 of 1999 which was allowed on 17.7.2000 and thus the case of the petitioners is squarely covered by this and other judgments passed by this court. The scale of Rs.1200-2040 has now been revised to scale of Rs.4000-6000 w.e.f. 1.1.1996. The counsel for the petitioner refers to the order, Annexure P-15, passed by the Division Bench of this court, where identical prayer made by the petitioners therein was allowed and Civil Writ Petition No.5962 of 2001 (O&M) : 3 : respondents were directed to re-fix the pay of the said petitioners within a period of four months from the date a certified copy of the order was received by them. The prayer of arrears, however, was restricted to a period of 38 months prior to 22.7.1997, i.e., the date when they served a legal notice upon the respondents for effecting aforesaid modified pay scales. There is not much dispute that the controversy in the present case is also covered by the decision rendered by this court in Civil Writ Petition No.2032 of 2000, order Annexure P-15 and other orders annexed with the petition. The counsel for the petitioners points out that the Special Leave Petition filed against this direction was also dismissed. State counsel, however, would point out that the State Government has moved an application seeking review of the orders passed in identical matters and which, according to his information, is pending. Even if that be so, as on date the order passed by this court dated 17.9.2002 in Civil Writ Petition No.2032 of 2000 has been up-held by the Hon'ble Supreme Court. Till date, the said judgment has not been reviewed in any manner. Since the controversy is squarely covered, there is no need to wait for the outcome of the review application, which may be pending. Pendency of review application would not be a deterrence to follow the law laid down by this court and upheld by Hon'ble Supreme Court. The present writ petition is accordingly allowed in terms of order dated 17.9.2002, Annexure P-15, passed by this court in Civil Writ Petition No.2032 of 2000. The respondents shall re-fix the pay of the petitioners within a period of four months from the date a certified copy of the order is received by them. The prayer for arrears of pay Civil Writ Petition No.5962 of 2001 (O&M) : 4 : and allowances in the present case shall be restricted for 38 months prior to the date of representation dated 12.5.1999, Annexure P-11. There would be no order as to costs. May 20, 2008 ( RANJIT SINGH ) ramesh JUDGE