CWP No.1731 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.1731 of 2008 DATE OF DECISION: November 27, 2008 BALBIR SINGH AND OTHERS ...PETITIONERS VERSUS STATE OF PUNJAB & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE RAJAN GUPTA. PRESENT: MR. S.K. SHARMA BUDHLADEWALA, ADVOCATE FOR THE PETITIONER. MR. B.S. CHAHAL, DAG, PUNJAB. MR. SANJEEV SHARMA, ADVOCATE FOR RESPONDENTS NO.4 & 5. ASHUTOSH MOHUNTA, J.(ORAL) Petitioners No.1, 2 and 4 were working as Readers in the Sessions Court, District Sangrur whereas, petitioner No.3 was working as Translator. They have prayed that directions be issued to the respondents to release the admissible retiral dues in accordance with Annexure P-1. Mr. B.S. Chahal, DAG, Punjab, counsel for the respondents states that the matter relating to grant of pay scale to staff of subordinate Courts as per recommendation of Shetty Commission was taken up by the Government and vide order dated 3.11.2008, it has been decided as under:- “The matter clarification of grant of advance increment to the staff of the subordinate court was taken with the department of finance and Government has decided as under:- CWP No.1731 of 2008 -2- a) One advance increment at the initial rate of pay scale is to be granted to the categories mentioned in the Govt's letter dated 22.7.2005. Not at the initial stage of the pay scale. b) As per Punjab Subordinate Courts Establishment (Recruitment and General Condition of Service) Rules post of Reader, English clerk, Copying Assistant, Translator, Record Keeper, Library Assistant, Clerk of Court ad Civil Nazar are shown in the Cadre of Assistant hence these categories of persons are also entitled the benefits of advance increment except those to whom Commission has recommended high pay scales. c) No over payment has been made to the employees.” Learned counsel submits that in pursuance to the decision taken, final pension has been granted to the petitioners No.1, 2 and 3. Counsel for the respondents submits that as far as petitioner No.4 is concerned, provisional pension has been granted to him and the case would be finalized for final pension shortly. In view of the statement made by the Mr. B.S. Chahal, DAG, Punjab the writ petition has been rendered infructuous and the same is disposed of qua petitioners No.1 to 3. As far as petitioner No.4 is concerned, his case for release of final pension be expedited, preferably, within three months from the date of receipt of certified copy of this order. Counsel for the petitioner prays that as there is a delay of more CWP No.1731 of 2008 -3- than 1 year for the release of pensionary dues, therefore, they be granted interest on the delayed payment of pensionary dues. Keeping in view the fact that the petitioners were getting provisional pension before it was stopped, thereafter, as the matter was under consideration of the Government, we decline to grant any interest to the petitioners. (ASHUTOSH MOHUNTA) JUDGE November 27, 2008 (RAJAN GUPTA) Gulati JUDGE