IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. C.W.P.No.8551 of 2007 Date of Decision : Dr.Lalit Mohan Gupta son of Sh.M.R.Gupta District Health Officer, Rupnagar, District Rupnagar (Punjab). ....Petitioner. Versus 1. State of Punjab through the Principal Secretary to Government of Punjab Department of Health, Punjab Mini Secretariat, Sector 9, Chandigarh and others. 2. The Director, Department Health and Welfare, Punjab Sector 34, Chandigarh. 3. Civil Surgeon, Patiala, District Patiala (Punjab). 4. Civil Surgeon, Fatehgarh Sahib, District Fatehgarh Sahib (Punjab). 5. Civil Surgeon, Rupnagar, District Rupnagar (Punjab). ....Respondents. ***** CORAM: HON'BLE MR.JUSTICE MEHTAB S.GILL HON'BLE MR.JUSTICE RAKESH KUMAR JAIN. ****** Present: Mr.Amrik Singh, Advocate, for the petitioner. Mr.B.S.Chahal, Deputy Advocate General, Punjab, for respondents. Rakesh Kumar Jain (J) & Mehtab Singh Gill (J) The petitioner has filed this petition under Articles C.W.P.No.8551 of 2007 -2- 226/227 of the Constitution of India, seeking a writ in the nature of mandamus directing the respondents to release the arrears which includes difference in basic pay, D.A., N.P.A., H.R.A. etc. accrued to him alongwith interest @ 18% per annum. On notice of motion, reply by way of counter-affidavit has been filed by Dr.Avtar Singh, Civil Surgeon, Patiala, on behalf of all the respondents No.1 to 5. In the reply, it has been averred that payments of arrears for the period, which has been detailed hereinafter, have been made to the petitioner and the case of remaining payment is being processed which is likely to be made shortly. The detail of payment which has been made, is reproduced as under:- “a) The payment of arrears amounting to Rs.27310/- after deducting income tax of Rs.6830/- for the period from 1.1.1997 to 30.6.1999 have already been made to the petitioner by respondent No.4. b) The payment of arrears amounting to Rs.4899/- for the period from 1.1.2000 to 31.7.2000 has already been made by the respondent No.3.” It has been further averred that the arrears for the period from 01.08.2000 to 31.12.2001 is being claimed after having received a requisite sanction by respondent No.4 and the case for claiming the arrears for remaining period is under process because of sorting out duty period of the petitioner in C.W.P.No.8551 of 2007 -3- respect of service rendered on different places. In para 2 of the reply, it has been averred as under:- “That a number of points raised by the petitioner in the writ petition involve the pay fixation and payment of arrears relating to remote past period which are to be examined and settled by the different concerned offices at Ferozepur, Fatehgarh Sahib and Patiala and as such the requisite action has been initiated.” No counter affidavit has been filed by the petitioner. In view of the fact that the process of making payment of arrears relating to past period, which are to be examined and settled by the different concerned offices at Ferozepur, Fatehgarh Sahib and Patiala, we deem it appropriate to issue a direction to the respondents to complete the process in respect of pay fixation and payment of arrears of the period mentioned in para 2 of the reply, within a period of three months from the date of receipt of copy of this order. This writ petition is disposed of in the term indicated hereinabove. (Rakesh Kumar Jain) Judge. (Mehtab Singh Gill) Judge. February 25, 2008 mamta m