IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No.1234 of 2006 Date of Decision:- 07.12.2006 Ramesh Chand Malhotra ....Petitioner through Mr.Puneet Gupta, Advocate vs. Sh.D.S.Kalha, IAS & ors. ....Respondents through Mr.G.S.Cheema, Sr.DAG, Punjab *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** SURYA KANT, J. The petitioner, who retired from service on 30.6.1994 filed C.W.P.No.4343 of 2003 seeking a direction for correct refixation of his salary and consequential retiral benefits. His writ petition was disposed of on August 5, 2003 with a direction to grant him the revised pay-scale in terms of order dated 11.7.1996 rendered by this Court in C.W.P.Nos.13425 and 13426 of 1995 subject to, however, the condition that the decision in LPA No.1438 of 2001 arising out of the above-stated writ petition, shall be equally applicable in the case of the petitioner. Alleging non-compliance of the above-mentioned order dated August 5, 2003, the petitioner has approached this Court. On September 18, 2006, learned State counsel was asked to get instructions in the matter. Pursuant thereto a short affidavit of Dr. S.P.S.Sohal, Joint Director, Directorate of Health and Family Welfare, Punjab, has been filed which is taken on record. As per the averments made in the affidavit, the petitioner's pay has now been refixed and arrears of 38 months prior to filing of the C.O.C.P. No.1234 of 2006 -2- writ petition have also been released. It is further stated that the case for revision of petitioner's pension has been taken up with the Accountant General, Punjab and is expected to be decided very soon. From the above-stated affidavit, it is apparent that the required action for refixation of the petitioner's pay or towards revision of his pension has been taken only after initiation of these contempt proceedings. No doubt, the petitioner also approached this Court at a belated stage and for that reason this Court restricted the payment of arrears on account of refixation of pay to a period of 38 months immediate preceding the date of filing of the writ petition, however, the respondents were required to refix the petitioner's salary within six months and to release the arrears within one month thereafter. In this manner, the entire exercise was required to be carried out on or before 28.2.2004 but the arrears of revised pension have not been paid to the petitioner so far. This will clearly exhibit that the respondents have failed to comply with the directions issued by this Court within a reasonable period, what to talk of complying with the same within the stipulated period. However, having regard to the fact that the petitioner can be compensated in monetary terms, this petition is disposed of with a direction that the petitioner shall be sanctioned the revised pension within one month from today and the consequential benefits arising therefrom shall be paid to him along with interest at the rate of 7% per annum which shall be computable with effect from 1.3.2004 till the actual payment thereof. Rule discharged. December 07, 2006 ( SURYA KANT ) poonam JUDGE