IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.110 of 2004 Decided on : December 17, 2009 All India Postal Employees Union and Another …Petitioners. Versus Union of India and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?1 For the Petitioners : Mr. Rahul Mahajan, Advocate. For the Respondents : Mr. Janesh Mahajan, Central Government Counsel. Surjit Singh, J (Oral) Heard. 2. Petitioner No.2 Kranti Lal and members of petitioner No.1-Union are the Sub Postmasters in the Postal Department of Government of India. Petitioners have filed this Writ Petition, under Articles 226 and 227 of the Constitution of India, challenging the decision of Central Administrative Tribunal, Chandigarh Bench, whereby their Original Application, seeking a direction to the respondents, i.e. Union of India and others, that the employees represented by petitioner No.1 and petitioner No.2 Kranti Lal, Sub Postmaster, be given the benefit of higher pay, on and with effect from the date of their completing 26 years in service and not from 1st January or 1st July, next following the date of completion of 26 years service, Whether reporters of the local papers may be allowed to see the judgment? …2… in the Department, as has been done by the respondents, stands dismissed. 3. We have heard the learned counsel for the parties. 4. There are some instructions issued by the Postal Department of Government of India, according to which if an employee has rendered 26 years of service and had been stagnating throughout, he would get higher pay-scale, on completion of 26 years of service. There is no dispute about this fact, between the parties. Under those instructions, employees were being granted higher pay-scale on and with effect from the date they completed 26 years service. Lateron, some further instructions were issued, which were to the effect that benefit of higher pay-scale is to be given on and with effect from the 1st day of January or the 1st day of July, immediately following the date of completion of 26 years of service. Petitioners felt aggrieved by this decision. They approached Central Administrative Tribunal, seeking issuance of a direction to the respondents that they be granted benefit of higher pay-scale on and with effect from the date of their completing 26 years service, as was the practice prior to the issuance of the subsequent instructions. Tribunal has dismissed the petition. 5. Similar question was raised by some other employees of the Postal Department, serving within the jurisdiction of High Court of Rajasthan. The question was raised in Civil Writ Petition No.5574 of 2001. That Writ Petition …3… was decided vide judgment dated 19th April, 2005 (copy Annexure A-1 to CMP No.6702/2009). By that judgment, a Division Bench of the Rajasthan High Court held that the employees were entitled to higher pay-scale on completion of 26 years service and not from 1st January, or 1st July, next following the date of their completing 26 years service. Special Leave Petition was filed against that judgment of the Rajasthan High Court, which was dismissed on 20th July, 2007. Particulars of the Special Leave Petition are, SLP(Civil) No.3210 of 2006. A copy of that order has been shown to us by the learned counsel for the petitioners. 6. In view of the abovestated position, the present Writ Petition is allowed. Impugned order of the Central Administrative Tribunal, Chandigarh Bench, is set aside and the orders of the respondents, which were challenged before the Central Administrative Tribunal, i.e. order dated 31st October, 1995 (Annexure A-2 to OA) and order dated 19th March, 2002 (Annexure A-1 to OA), are quashed and it is directed that the benefit of higher pay-scale, on completion of 26 years service, shall be given to the petitioners or the members of petitioner No.1-Union, on and with effect from the date of their completing 26 years of service. Writ petition stands disposed of. Pending application, if any also stands disposed of. ( Surjit Singh ), J December 17, 2009(sd) ( Surinder Singh ), J