RAM SINGH Vs. TEJINDER KAUR

JUDGEMENT

(1.) The petitioner along with others filed CWP No. 17005 of 1989 claiming re- fixation of his pay w.e.f. 1.1.1978 on the ground that he was entitled to certain additional increments in view of the post-graduate qualification possessed by him and also for the reason that such kind of benefit was extended to one of his juniors. The aforesaid writ petition along with bunch of other writ petitions, was allowed with a direction to step-up the pay of the petitioner equivalent to the one being drawn by their juniors, irrespective of the fact whether they joined the service with post-graduate qualification or they acquired the same after joining the service. Pursuant to the aforesaid direction issued by this Court, the respondents passed an order dated 22.11.1999 whereby petitioners' pay was refixed. The said order was produced before the Contempt Court as by that time C.O.C.P. No. 1022 of 1999 had been filed by the petitioner. The contempt petition was disposed of after observing that the orders passed by this Court have been complied with.

(2.) Meanwhile, the petitioner retired from service on 31.1.2004. The petitioner was thereafter served with a show cause notice dated 2.2.2005 pointing out that at the time of re-fixation of his pay, the petitioner was entitled to three advance increments on account of post-graduate qualification (M.A.Second Division) possessed by him prior to joining of the service, however, the then District Education Officer (S), Amritsar, erroneously fixed his pay by giving reference to one Chhotu Ram, SS Master, GSSS Chaminda Devi, Amritsar. As is apparent from the tenor of the show cause notice, it was issued to protect the benefit granted by this Court vide judgment dated 1.3.1995 passed in CWP No. 17005 of 1989 but to withdraw the additional benefit to which, according to the respondents, the petitioner was not entitled to and was granted to him erroneously. Eventually, the authorities passed a self-speaking order dated 6.4.2005 (Annexure P-6) whereby the petitioner's pay has been refixed. A perusal of the order reveals that the petitioner himself admitted that there could not be any parity between him and Chhotu Ram, rather, he wanted that his pay be re-fixed at par with one Gulzar Singh. The order further suggests that the petitioner has been granted the benefit of three increments on account of the qualification of M.A. possessed by him and his pay has been accordingly refixed as on 1.1.1978.

(3.) Alleging that the aforesaid order has been passed in derogation of the judgment dated 1.3.1995 passed in CWP No. 17005 of 1989 as also the statement made before the contempt Court, this contempt petition has been filed.