CWP No.2027 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.2027 of 2010 Date of Decision: 05.02.2010 **** Gian Singh and others . . . . Petitioners VS. State of Punjab and another . . . . . 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.C. Chatrath, Advocate for the petitioners Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). Notice of motion. Mr. B.S. Chahal, learned DAG Punjab, who is present in Court, accepts notice on behalf of the respondent-State. Having regard to the nature of the order which I propose to pass, there is no necessity to call upon the respondents to file any counter-reply at this stage. (2). The petitioners are working as Packers (Class-IV) in the Department of Printing and Stationery, Punjab. They seek the higher pay scale of Rs.950- 1800 granted to the similarly-situated Packers CWP No.2027 of 2010.doc - 2 – working in the same Department as against the pay scale of Rs.810-1440 (pre-revised). (3). The above-stated claim is based upon a Division Bench judgement of this Court passed in LPA No.416 of 1989 (State of Punjab and others vs. Khushi Ram and others) decided on 03.02.1998 (Annexure P3), whereby, the Single Bench judgement allowing the writ petition of the Packers of the Department to which the petitioners belong, was upheld. (4). The petitioners’ case is that whosoever approaches the Court and obtains a direction is being granted the aforesaid pay-scale and thus, an anomalous situation has been created by the respondents. The petitioners have not been granted the above- stated pay scale despite a legal notice dated 09.10.2009 (Annexure P8) served on their behalf upon the respondents. (5). Having heard learned counsel for the parties and considering the fact that the judgement (Annexure P3) passed by the Division Bench of this Court pertains to the Packers of the same Department, I am of the considered view that there appears to be no tangible or valid reason to deny the benefit of the said judgement to the petitioners. CWP No.2027 of 2010.doc - 3 – Consequently, this writ petition is disposed of with a direction to the respondents to take cognizance of the aforesaid legal notice (Annexure P8) and consider the claim of the petitioners for the grant of higher (pre-revised) pay scale of Rs.950-1800 in terms of the decision of this Court in the State of Punjab and others vs. Khushi Ram and others’ case (supra). The necessary and appropriate action shall be taken within a period of three months from the date of receipt of a certified copy of this order and the consequential benefits arising therefrom shall also be released in favour of the petitioners within one month thereafter. (6). Dasti . (SURYA KANT) JUDGE 05.02.2010 vishal shonkar