AUGUSTINE GEORGE MASIH,J. - (1.) PETITIONER , who is widow of Constable Computor Operator late Sanjay Singh who was appointed on 2.1.2009 and died on 11.6.2010, is claiming technical grade in the light of the fact that he was working on the post of Constable Computer Operator which has been declared to be a technical post by the respondents. He was entitled to the pay scale of Rs.4000- 6000/- w.e.f. their date of appointment as per the notification dated 26.07.1991 (Annexure-P-3) and the consequential revised pay scale. She contends that the case of her husband is squarely covered by a Division Bench judgment of this Court passed in C.W.P. No. 15535 of 1999 titled as Sandeep Mehta and others Versus State of Haryana and another decided on 12.9.2002 (Annexure-P-5). This judgment was challenged by the respondent-State by filing Special Leave Petition (Civil) No. 6402 of 2003 titled as State of Haryana and another Versus Sandeep Mehta and others which was dismissed with a clarification that the benefit of pay scale will be given to the petitioners in the writ petition with effect from the date of their appointment on the basis of their technical qualification, if it is later than 23.08.1990, the date of the notification. Reliance has also been placed upon an another Division Bench judgment of this Court in CWP No.15347 of 2006 titled as Ishwar Singh and others Versus The State of Haryana and others' decided on 25.3.2008 (Annexure-P-7) which according to the petitioners relate to Computer Operators.
(2.) EARLIER similarly placed employees had approached this Court by filing CWP No. 3541 of 2012 titled as Devinder Singh and others Versus State of Haryana and another, which was disposed of by this Court vide order dated 25.2.2012 directing the respondents to consider the representation of the petitioners and pass orders thereon. In compliance with the order passed by this Court, the petitioners, in that writ petition, have been released the benefit, as has been claimed by the petitioner in the present writ petition. Counsel contends that the petitioner has filed representation dated 15.3.2012 (Annexure-P-11) to the Director General of Police, Haryana, claiming the same benefit, but no decision on the same has been taken till date nor any benefit has been granted. Counsel contends that liberty may be granted to file a detailed representation to the respondents within a period of two weeks from today and some time frame may be fixed for taking a decision thereon.
(3.) PRAYER of the counsel for the petitioners is accepted. In case, a representation is moved by the petitioner within a period of 15 days from today, the same shall be considered and decided by the respondents in accordance with law within a period of three months from the date of receipt of the certified copy of this order. Decision so taken thereon be conveyed to the petitioner forthwith.;