IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.9534 of 2010 Date of Decision : May 21, 2010. Victor Sakhi .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.S.S.Godara, Advocate, for the petitioner. Mr.K.S.Sidhu, Deputy Advocate General, Punjab. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) Notice of motion. Mr.K.S.Sidhu, learned Deputy Advocate General, Punjab, accepts notice on behalf of the official-respondent Nos.1 to 3. In view of the nature of the order which I propose to pass, there is no necessity to issue notice to respondent No.4 nor there is any necessity to seek any counter-reply from the official-respondents at this stage. The petitioner sought removal of anomaly in his pay and its fixation at par with his juniors, with all the consequential benefits. It appears that the pay of the petitioner has been fixed at par C.W.P.No .9534 of 2010 2 with his juniors but the consequential arrears have not been paid to him. His claim regarding arrears of pay has been turned down by the official respondents vide the impugned order dated 4/7.12.2009 (Annexure P-6) apparently on the plea that there is no direction issued by any Court of law in this regard in his favour. Suffice it to say that if the petitioner is entitled to a benefit in accordance with law, the respondents cannot force him to obtain a direction from the Court of law to grant such benefit. The impugned order dated 4/7.12.2009 is wholly mis-conceived and per-se arbitrary. The writ petition is accordingly allowed; the impugned order dated 4/7.12.2009 (Annexure P-6) is quashed and the respondents are directed to re-consider the petitioner's claim regarding payment of arrears. It is further directed that if similar situated persons have been granted the arrears, the petitioner shall also be entitled to the same and the due payment shall be made to him within a period of four months from the date of receiving a certified copy of this order. Dasti. May 21, 2010 (SURYA KANT) Mohinder JUDGE