CWP No.6229 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.6229 2009 (O&M) Date of Decision: 02.02.2010 **** Jaswinder Kaur Dhaliwal . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. R.K. Arora, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner is the wife of late Sh. Nirmal Singh Dhaliwal who was serving in the Education Department, Punjab as Physical Training Instructor (PTI). He retired from service w.e.f. 31.01.1993 and thereafter he unfortunately died. (2). The petitioner – the wife of the deceased-husband now seeks a mandamus to direct the respondents to grant benefit of higher pay scale to her husband in terms of a Division Bench judgement of this Court rendered in CWP No.4527 of 1997 (Rajinder Singh and others vs. The Secretary, CWP No.6229 of 2009.doc - 2 – Ministry of Education and Social Welfare, Government of India and others) decided on 05.11.1997. It is also the petitioner’s case that the benefit of the afore-mentioned judgement has been given to all the similarly-situated employees and the same has been denied to the husband of the petitioner by the respondents merely on the ground that he did not prefer any writ petition for higher pay scale. (3). The respondents have filed their counter reply/affidavit which is taken on record. As per the averments made by him, the basic pay of the petitioner’s deceased husband has been enhanced from Rs.146/- to Rs.210/- w.e.f. 20.01.1968. The affidavit further states that since the petitioner’s husband had retired from service on 31.01.1993, he is not entitled to arrears of pay. The respondents appear to be right in contending the same. (4). The writ petition, is accordingly, disposed with a direction that as a consequence to the revision of pay scale, the family pension and revised retiral benefits of the deceased husband of the petitioner shall be re-determined and the arrears thereof shall be paid to her within a period of four months CWP No.6229 of 2009.doc - 3 – from the date of receipt of certified copy of this order. (5). Dasti . (SURYA KANT) JUDGE 02.02.2010 vishal shonkar