IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.103 of 2010 (O&M) Date of decision: 11.2.2010 The State of Haryana & others. -----Appellants Vs. Jai Bhagwan. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Ms. Sushma Chopra, Addl.A.G., Haryana for the appellants. Mr. Namit Kumar, Advocate for respondent/caveator. ----- ORDER: 1. This appeal has been preferred against order of learned Single Judge, allowing the writ petition in terms of DB judgment of this Court dated 12.9.2002 in CWP No.15535 of 1999 Sandeep Mehta and others v. State of Haryana and others, allowing higher pay scale from the date of appointment. 2. Case of the respondent/writ petitioner was that even though he was appointed in a lower pay scale, similarly placed other employees were allowed higher pay scale on the ground that they had technical qualification and were appointed to a LPA No.103 of 2010 technical post, though designation and pay scales were different for denying the higher pay scale. 3. Learned Single Judge allowed the writ petition in terms of above judgment of this Court in Sandeep Mehta (supra). 4. Learned counsel for the State submits that the writ petition itself was filed in the year 2008, even though the alleged cause of action accrued to the writ petitioner in the year 1995. In such circumstances, the arrears could not be given exceeding three years preceding the filing of the writ petition. 5. Learned counsel for the writ petitioner/caveator is unable to oppose this submission. 6. Accordingly, we modify the impugned order to the effect that the writ petitioner will not be given arrears beyond three years preceding filing of the writ petition. 7. The appeal is disposed of. ( ADARSH KUMAR GOEL ) JUDGE February 11, 2010 ( ALOK SINGH ) ashwani JUDGE 2