- (1.) The petitioners are either working or retired as Teachers/Masters in the Education Department, State of Punjab. The claim raised in the present petition is for the issuance of a Writ of Mandamus directing the respondent-authorities to permit them to exercise a fresh option in view of the changed circumstances on account of the change in master scale issued vide notification dated 24.12.1992 (Annexure P-2), which has been made operative w.e.f. 1.1.1993. A Further prayer is to grant to them all the consequential benefits arising upon exercise of such fresh option i.e. Re-fixation of pay, payment of arrears of salary and revised pensionary benefits etc.
(2.) Learned counsel for the petitioner contends that the claim of the petitioners is squarely covered in terms of judgement dated 25.2.2010 passed in CWP No. 7464 of 2009 titled as Surinder Kumar and others Vs. State of Punjab & others (Annexure P-5). In case of Surinder Kumar and others while allowing the writ petition in respect of identically situated employees and granting the right to exercise the option in terms of Finance Department Circular dated 24.12.1992, it had been directed that no resultant arrears of pay would be paid and the petitioners therein would be entitled to only the notional pay fixation.
(3.) In the light of the averments made in the petition and on the basis of submissions made by learned counsel for the petitioners, I deem it appropriate to dispose of the present petition with a direction to the respondent-authorities to consider the claim of the petitioners and decide the legal notice dated 17.5.2012 (Annexure P-7) served by the petitioners in the light of the judgement dated 25.2.2010 passed by this Court in CWP No. 7464 of 2009 (Annexure P-5). Needful be done within a period of three months from the date of receipt of a certified copy of this order. Petition disposed of.;