MAJOR SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2011-5-103
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 11,2011

Major Singh and Others Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

Permod Kohli, J. - (1.) CONTROVERSY in all these writ petitions is common based upon identical facts and same question of law. The petitioners are claiming benefit of the revised pay scales with effect from 19.06.1971, the date when the similarly situated government employees were held entitled to the revised pay scales on completion of five years of service. These petitioners were denied benefit though later all of them were granted the benefit with effect from 16.07.1975. This controversy earlier came up before this Court in CWP No. 2208 of 1989 (Lekh Raj Khera and others Vs. State of Punjab and another). This writ petition was allowed vide judgment dated 24.03.2009, with the following directions: - In view of the above legal and factual position, this petition succeeds partially. Respondents are directed to extend the benefit of the Pay revision in case of petitioners w.e.f. 1.11.1971 instead of 16.7.1975. They are further directed to fix the pay scale of the such of the petitioners whose unrevised pay falls between two stages in the new time scale in the revised scale in the next stage. The process of fixation of pay be completed within a period of four months from the date certified copy of this order is served upon the competent authority. The consequential benefit be released in favour of the petitioners within a period of two months thereafter. 24.03.2009 (PERMOD KOHLI)JUDGE
(2.) IT is common case of the parties that all the petitioners are governed by the directions contained in Lekh Raj Khera's case (supra), noticed hereinabove. However, learned counsel appearing for the State respondents has expressed reservation in regard to grant of relief to these writ petitioners particularly those who approached the Court after a long delay for seeking the relief. As a matter of fact, all the petitioners are seeking implementation of the judgment of Lekh Raj Khera's case, for their respective benefits. In view of the objection raised by the State -respondents on the question of delay, these writ petitions were heard though principally all the writ petitions are covered by the judgment rendered in Lekh Raj Khera's case. The State has relied upon various judgments which are noticed hereunder.
(3.) IN the case of Regional Manager, A.P. SRTC versus N. Satyanarayana and others : 2008 (1) SCC 210, Hon'ble the Supreme Court declined the prayer for regularisation of daily wagers from the date of their initial engagement in the year 1986, in the writ petition filed in the year 1999, on the ground of delay and laches though they were entitled to such relief under an earlier judgment of the Court.;


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