- (1.) PETITIONER is, through this writ petition, claiming a writ of mandamus directing the respondents to fix the pay of the petitioner in the pay scale of Rs. 13500-17250 w.e.f. 01.01.1996 which is corresponding pay scale of Rs. 4100-5300 as per Haryana Civil Services (Revised Pay) Rules, 1998 and refix the pension of the petitioner w.e.f. 01.04.2002 and also refix the pension w.e.f. 01.01.2006 as per the notification dated 07.01.2002 (Annexure P-6). Interest @ 18% per annum has also been claimed by the petitioner.
(2.) IT has been submitted by the petitioner that the case of the petitioner is covered by a judgment of this Court passed in CWP No. 5520 of 2003 titled as S.P.Sood vs. State of Haryana and others, decided on 02.02.2009 (Annexure P-7) against which, Letters Patent Appeal No. 1008 of 2010 titled as State of Haryana and others vs. S.P.Sood stands dismissed vide judgment dated 12.10.2010 (Annexure P-8). Reliance has also been placed upon subsequent orders passed by this Court passed in CWP No. 4977 of 2010 titled as Varinder Bhardwaj and others vs. State of Haryana and others, decided on 17.03.2011 (Annexure P-9) and CWP No. 10506 of 2002 titled as Dr. K.L.Kumar and others vs. State of Haryana and others, decided on 06.10.2009 (Annexure P-10). Further L.P.A. No. 930 of 2010 preferred by the State of Haryana against the said judgment stands dismissed by a Division Bench of this Court vide judgment dated 10.08.2010 (Annexure P-11). Reference has also been made to a judgment dated 27.03.2012 passed in CWP No. 19865 of 2009 titled as T.C.Goyal vs. State of Haryana and another, where similarly placed employees have been granted the same benefit as the petitioner is claiming through the present writ petition. Placing reliance upon the notification issued by the Government of Haryana and the judgments passed by this Court, petitioner has served a legal notice dated 19.03.2012 (Annexure P- 15) upon the respondents but till date, no decision thereon has been taken or conveyed to the petitioner.
(3.) COUNSEL for the petitioner contends that as the claim of the petitioner is covered by the notification issued by the State of Haryana dated 07.01.2002 and the various judgments referred to above, the petitioner, at this stage, would be satisfied if a direction is issued to the respondents to consider and decide the legal notice dated 19.03.2012 (Annexure P-15) within some specified time. Without going into the merits of the case or commenting thereon, the present petition is disposed of with direction to the Financial Commissioner and Principal Secretary, Irrigation Department, Chandigarh-respondent No. 1 to consider and decide the legal notice dated 19.03.2012 (Annexure P-15) within a period of three months from the date of receipt of certified copy of this order.;