IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP 10151 of 2009 Date of Decision: 3.12.2009 Union Territory of Chandigarh and another ..........Petitioners Versus Nobal Razza and others. ..........Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mrs.Lisa Gill,Advocate for the petitioners. Mr.Puneet Gupta,Advocate for private respondents. 1. To be referred to the Reporter or not ? 2. Whether the judgement should be reported in the Digest ? M.M.KUMAR,J. This order shall dispose of CWP Nos. 10122 and 10151 of 2009 as common questions of fact and law are involved. However, facts are being taken from CWP No.10151 of 2009. The instant petition filed by Union Territory of Chandigarh is directed against the order dated 30.5.2008 (Annexure P/1) passed by Central Administrative Tribunal, Chandigarh Bench (for brevity the Tribunal) in O.A. No.613/CH/2007. According to the directions issued by the Tribunal, the Union Territory Administration was required to examine the case of the applicant-respondents in the light of directions issued on 3.5.2005 in O.A.No.1064/CH/2003 (Kewal Krishan v. Union CWP 10151 of 2009 2 of India and others). It is pertinent to notice that in the aforesaid order the Tribunal issued the directions, relevant extracts of which are as under:- “8. Considering the contents of notification dated 13.1.1992, enforcing the rules known as the Conditions of Service of UT Chandigarh Employees Rules,1992 and the clear stand taken by the respondents in the written statement, we hold that the aplicants are also entitled to the benefits of higher scales of pay w.e.f. the dates as claimed in this OA at par with the benefits allowed to their counterparts by three judgments supporting the judgment dated 11.7.1996 and decisions, Annexures A-2 & A-3 by re-fixation of their pay in notional basis. The applicants would have to be held entitled to the actual benefits in terms of monetary benefits actually w.e.f. the date which falls within eighteen months prior to the filing of the present OA. Since respondent State of Punjab has granted the benefits subject to the decision in LPA No.1438/01 arising out of COCP No.735/97 the benefits being made available to the conditions imposed by the Hon'ble High Court in its judgment dated August 5,2003 in CWP No.4343/03. We are observing this CWP 10151 of 2009 3 notwithstanding the fact that dismissal of the SLP against judgment dated 11.7.1996 by the Hon'ble Supreme Court the judgment of Hon'ble High Court in relevant CWP has attained finality. We also record that one SLP arising from judgment and order dated 30.8.2001, in CM No.25781/01 and 5398/01 in LPA 1438/01 as rendered by Hon'ble High Court of Punjab & Haryana has been dismissed on 22.4.2002. Respondents are at liberty to impose the similar conditions as mentioned in Annexure A-2 and A-3 while extending the benefits of those two judgments rendered by the Hon'ble High Court of Punjab and Haryana. 9. Before parting with this judgment we observe that we have noticed the judgment in the case of Kanhaiya Lal and Others v Chandigarh Administration etc. Reference to this judgment notice in view of judgment rendered by Hon'ble Supreme Court in the case of U.T. Chandigarh and others vs. Rajesh Kumar Basandhi 2004(1) SCT page 68 in which it has been held that there is no need of passing of separate order by Chandigarh Administration for adopting decisions taken or amendments made by State of Punjab on the rights CWP 10151 of 2009 4 of its employees when extension of benefits to the holders of corresponding posts under Chandigarh Administration has to be considered. In our opinion, the benefit of judgment particularly of higher court to similarly placed persons has to be extended under the law, though actual benefits can always be restricted with reference to period of limitation. 10.In view of above discussion, this OA is allowed. The applicants are entitled as mentioned above to the revised scales of pay at par with their counterparts in State of Punjab as prayed for in the OA for fixation of pay on notional basis. They shall, however, be paid actual monetary benefits only for that period which falls within eighteen months prior to the date of filing of this OA. Respondents shall comply with the above- mentioned directions within a period of three months from the date of receipt of a copy of this order which may be made subject to the decision in LPA No.1438/01 and further subject to the conditions which may be imposed by Chandigarh Administration similar to the conditions imposed by State of Punjab in Annexures A-2 and A-3. CWP 10151 of 2009 5 It is pertinent to notice that Tribunal has also taken into account the pay scale given to the similarly situated Senior Medical Laboratory Technicians and Medical Laboratory Technicians in the State of Punjab, Department of Health and Family Welfare, in pursuance of judgment dated 11.7.1996 rendered in CWP Nos.13425 and 13426 of 1995 (Annexures A/2 and A/3 with the O.A.). The judgment was implemented by the State of Punjab on 11.2.2003. A number of similarly situated employees kept on approaching the High Court for issuance of directions by filing various writ petitions of which notice was taken by the Tribunal. The State of Punjab filed SLP Nos.7358/1997 and 7432/1997 against the directions issued by the Division Bench dated 11.7.1996 which were dismissed on 3.10.1997. Accordingly the directions issued on 11.7.1996 attained finality. Consequently the scales of the Senior Medical Laboratory Technicians and Medical Laboratory Technicians working in the Department of Health and Family Welfare, Punjab as were claimed in Kewal Krishan's case were accepted and refixed. It was in view of the aforesaid situation that the Tribunal allowed the application filed by Kewal Krishan and others. Keeping in view of the notification dated 13.1.1992 which is titled as 'Conditions of Service of UT Chandigarh Employees Rules,1992'. The aforesaid notification provides that the employees of the Chandigarh Administration would be entitled to the pay scales at par with the employees of the State of Punjab. Accordingly, it was held CWP 10151 of 2009 6 by the Tribunal that Kewal Krishan and others were also entitled to the benefit of higher scales of pay w.e.f. the date as claimed in the O.A., at par with the benefit allowed to their counterparts by the judgment of this Court dated 11.7.1996 and subsequent decisions taken by the Administration. The aforesaid direction issued by the Tribunal has been implemented by order dated 5.12.2005 (Annexure A/8). The only rider added is that the implementation would be subject to decision in LPA No.1438 of 2001 and other conditions which may be imposed by the petitioner-Chandigarh Administration. The beneficiary of the order dated 11.7.1996 passed by a Division Bench of this Court in CWP Nos. 13425 and 13426 of 1995 filed COCP No.735 of 1997 which eventually came up for consideration before the Contempt Judge on 13.9.2000. The State of Punjab had filed LPA No. 1438 of 2001 against the order dated 13.9.2000 passed in COCP No. 735 of 1997. The principal ground urged in the LPA was that unwarranted interpretation has been placed on the judgment dated 11.7.1996 passed by this Court in CWP Nos. 13425 and 13426 of 1995. However, the interpretation given by this court on 13.9.2000 and the directions issued on 11.7.1996 had attained finality when on behalf of the State of Punjab it was stated before the Contempt Court that directions issued by this Court on 13.9.2000 have been implemented and COCP No.735 of 1997 was disposed of on 11.2.2003. Therefore, no impediment would survive in the implementation of the directions issued by the Tribunal in the case of CWP 10151 of 2009 7 the present applicants who had filed OA No.613/CH of 2007. The directions issued by the Tribunal in order dated 30.5.2008 in OA No.613 of 2007 vide order dated 30.5.2008 (P.1) are hereby modified and no condition could now be imposed that the relief to be granted to the applicant-respondents would be subject to the outcome of LPA No.1438 of 2001. Ms.Lisa Gill, learned counsel for the Union Territory Administration has stated that an appropriate decision in the case of the applicant-respondents shall be taken within a period of one month from the date of receipt of copy of this order as LPA No.1438 of 2001 stand disposed of by this Court today itself. In view of the above, the instant petitions fail and the same are dismissed. The directions issued by the Tribunal shall be implemented within one month from the date of receipt of copy of this order as per the undertaking given by the learned counsel for the Union Territory, Chandigarh. (M.M.Kumar) Judge 3.12.2009 (Jaswant Singh) joshi Judge