IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No. 1988 of 2008 Date of Decision : March 25, 2009 Daya Ram ....Petitioner Versus K.B.S. Sidhu and others .....Respondents CORAM : HON’BLE MR. JUSTICE T.P.S. MANN Present : Mr. R.K. Arora, Advocate for the petitioner. Mr. M.C. Berry, Additional Advocate General, Punjab for the respondents. T.P.S. MANN, J. (Oral) On May 28, 2008 while disposing of the writ petition filed by the petitioner, a Division Bench of this Court directed the respondents to take a final decision by passing a speaking order on the notice/ representation, attached as Annexure P.10 therein, within a period of two months from the date of receipt of the order. The petitioners were also granted liberty to file supplementary representation. C.O.C.P. No. 1988 of 2008 -2- According to the petitioners, respondent No. 3 has passed an order dated 28.7.2008, whereby claim of some of the petitioners has been rejected on the ground that as per para 13 of the Punjab Pay Scales of Teachers' Act, 2004 (Punjab Act No. 1 of 2005), they were held entitled to the pay scales of the post held by them and not entitled for the higher scale of acquiring higher qualification. Reply has already been filed on behalf of respondent No.5. Reply has today been filed on behalf of respondent No. 6 as well, which is taken on record and a copy thereof supplied to learned counsel for the petitioners. Perusal of the reply filed on behalf of respondent No.5 would reveal that the order dated 28.7.2008 stands reconsidered in term of government circular vide memo. No. 7/136/97- 1/Education/22339-41 dated 5.9.2008 and the petitioners have now been granted J.S.T. grade w.e.f. the date of acquiring the higher qualification or date of joining the service, whichever was later, but the arrears have been confined to 38 months prior to 31.12.1985, i.e. before coming into force the Punjab Pay Scales of Teachers' Act, 2004. Accordingly, fresh speaking order has been passed on 6.1.2009, copy of which has been attached as annexure R.1. Learned counsel for the petitioners submits that though the relief has been granted to the petitioners yet arrears have not been paid to them so far. C.O.C.P. No. 1988 of 2008 -3- Learned State counsel, after obtaining instructions from Shashi Gagg, Legal Assistant, Office of the Director, Public Instructions (S.E.), Punjab submits that the arrears would be released to the petitioners within a period of three months from today. In view of the above, present petition has been rendered infructuous and is, accordingly, disposed of. Rule is discharged. ( T.P.S. MANN ) March 25, 2009 JUDGE satish