C.O.C.P. No.522 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA HIGH COURT AT CHANDIGARH C.O.C.P. No.522 of 2011 Date of Decision: 20.09.2011 Rakesh Parkash ....Petitioner Versus Jaspal Singh and others ....Respondents CORAM: HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr. Mukand Gupta, Advocate, Mr. G.S. Cheema, Sr. DAG, Punjab. ***** AJAY KUMAR MITTAL J. (ORAL) This petition has been filed under Sections 11 & 12 of the Contempt of Courts Act, 1971 for non compliance of order dated 09.10.2009 passed by this Court in CWP No. 14909 of 2007. The grievance of the petitioner in this petition is that the directions dated 09.10.2009 passed by this Court in CWP No. 14909 of 2007, whereby this Court had directed the respondents to consider the claim of the petitioner for grant of the benefit of higher pay scale of Rs.4400-7000 in the light of acquittal order with effect from the date persons junior to him were granted this benefit i.e., March 1998 within three months from the date of certified copy of this order is served upon the competent authority, have not been complied with. According to the petitioner the said respondents are guilty of contempt of Court for non- compliance of order passed by this Court. Upon notice reply was filed on behalf of respondent No.2 wherein it has been stated that no juniors were placed in higher scale prior to the petitioner. So far as the higher pay scales are concerned, a condition was imposed in appointment letter of the petitioner that he will C.O.C.P. No.522 of 2011 2 qualify the prescribed type test within one year otherwise no annual increment would be allowed to him. Para 2 of the reply reads as under: “2. That in compliance with the orders passed by this Hon'ble Court in CWP No.14909 of 2007 on 09.10.2009 and keeping in view the instruction of the Government of Punjab issued vide letter No.11/35/92-2PP 1/7962 dt. 9/6/1992 (Annexure P-3) the case of petitioner was considered in detail and a legal opinion of District Attorney, Mansa was also obtained and a speaking order was passed on 6/1/2010, issued vide No.11/EA dated 6/1/2010 (Annexure P-2) giving the benefit of placement w.e.f. 18/5/1999 as Junior Assitant to the petitioner. No juniors were placed in higher scale prior to the petitioner. So far as the difference in the date of this placement is concerned, the facts of this case are resubmitted in brief that the petitioner was appointed a Clerk on 5.3.1993 on compassionate grounds. On the basis of policy instructions issued by the Government of Punjab in connection with the compassionate appointments, a condition was imposed in appointment letter of the petitioner that he will qualify the prescribed type test within one year otherwise no annual increments will be allowed to him. The operative para of the instruction is being reproduced as under:- In future this condition may be added in the appointment letter of the candidate given appointment on priority basis that they have to pass the Punjabi typing test on the prescribed speed within one year of their appointment and in case they fail to do so their annual increment (or higher scale in become due) will not be allowed till the time they clear the Punjabi typing test and on their passing the Punjabi typing test only their annual increment/increments will be granted but the arrear prior to their passing the Punjabi typing test will not be paid.” An additional affidavit has now been filed in which it has been C.O.C.P. No.522 of 2011 3 stated that the petitioner is entitled for grant of higher pay scales in the cadre of junior assistant with effect from 18.05.1999. This fact however has been opposed by the learned counsel for the respondent, who states that according to him the higher pay scales was required to be granted from 05.03.1998 instead of 18.05.1999. After hearing learned counsel for the parties, no further orders are required to be passed in this contempt petition, as the directions passed by this Court on 09.10.2009 have been complied with. However, it shall be open to the petitioner to take recourse to legal remedies in accordance with law to claim pay-scale in the cadre of junior assistant with effect from 05.03.1998, and the entitlement to claim arrears on that account. Petition stands disposed of accordingly. 20.09.2011 (AJAY KUMAR MITTAL) tarunsahni JUDGE