JUDGEMENT
TEJINDER SINGH DHINDSA,J. -
(1.) PETITIONERS have approached this Court praying for issuance of
a writ of mandamus directing the respondents to grant them technical pay
scale as per the Finance Department Circular dated 30.3.1982 (Annexure
P.1), according to which the petitioners are entitled to pay scale of Rs.480
760 with effect from 1.2.1981. Their contention is that similar placed employees had earlier approached this Court by filing CWP No.8055 of
1988 Ram Swaroop and others Versus The State of Haryana and others, which was decided by this Court on 7.12.2011 (Annexure P.5), allowing the
claim as made by the petitioners in the said writ petition. Counsel for the
petitioners contends that claiming the said benefit, petitioners have served a
representation dated 18.10.2012 (Annexure P.8) upon the respondents, but
till date no decision thereon has been taken or conveyed to the petitioners.
He further submits that the petitioners are suffering a recurring financial
loss each month because of which cause of action survives. Their arrears
may be restricted to 38 months prior to the date of claim, which has been
submitted in CWP No.12316 of 2012 by them. Counsel further contends
that the petitioners, at this stage, will be satisfied, if a direction is issued to
the Director General, State Transport Department, Haryana respondent
No.3 to consider and decide the representation dated 18.10.2012 (Annexure
P.8) within some specified time.
(2.) WITHOUT going into the merit of the case or commenting thereon, the present petition is disposed of, in the light of submission made
by counsel for the petitioners, with a direction to the Director General, State
Transport Department, Haryana respondent No.3 to consider and decide
the representation dated 18.10.2012 (Annexure P.8) within a period of three
months from the date of receipt of certified copy of this order. The decision,
so taken, be conveyed to the petitioners forthwith. In case, the petitioners
are held entitled to the claim made by them through their representation
18.10.2012 (Annexure P.8), the consequential benefits, if any, be released to them, in accordance with law, within a further period of two months.;
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