Ranjit Singh Sarkaria, J. - (1.) THIS order will dispose of two Civil Writ Petition Nos. 18537 of 2009 and 21810 of 2008.
(2.) THE Petitioners are employees of Haryana State Minor Irrigation Tubewell Corporation. They have filed this writ petition to make a prayer for grant of pensionary benefits i.e. gratuity, leave encashment etc. and so also retrenchment compensation by taking into account the revised pay scale on the pattern of Haryana Civil Services (Revised Pay) Rules, 1998 instead of calculating all such benefits under the earlier pay scale. The counsel for the Petitioner has referred to para 5.1 of the Bye -laws of the Corporation, which provides that the pay scale in the Corporation is subject to revision by the Board which will, however, generally follow the pattern adopted by the Government of Haryana from time to time. The grievance of the Petitioners is that the Corporation has not revised the pay scale in line with the revision done by the Haryana Government. The stand taken in the reply is that so far the Board has not been taken any decision in regard to adopting the revised pay scale as revised by the Haryana Government. The Petitioners had also made representation in this regard.
(3.) THE rule as referred to above gives an indication that the Board generally would adopt the pay scale if revised by the State Government. Still the Board will have to take decision one way or the other in this regard. Once the Board has not taken any decision, it would appear appropriate to direct the Board to decide the representation filed by the Petitioners and take a final decision on the issue to either adopt the revised pay scale or to reject the same. In case, the Board decide to adopt revised pay scale, the request of the Petitioners for grant of benefits, as per the revised pay scale, shall be considered. If on the other hand, the Board decide not to adopt the said pay scales, the Petitioners would be at liberty to take any appropriate proceedings in accordance with law. Let the needful be done within 4 months from the date of receipt of copy of this order.;