JUDGEMENT
J.S.Khehar, J. -
(1.) The petitioners claim re-fixation of their pay with effect from
1.1.1986. In the first instance, we were not agreeable with the learned
counsel for the petitioners, as we felt that the instant writ petition could not
be entertained after a delay of more than 20 years. However, learned
counsel for the petitioners placed reliance on a Full Bench judgment of this
Court in Saroj Kumari and others v. State of Punjab and others, 1998(3)
Recent Services Judgments 350, wherein it has inter alia, been held as under:-
"13. For the foregoing reasons we are of the view that in
cases where only fixation of pay according to the relevant
rules/instructions or a judgment is prayed for, the writ petition
cannot be dismissed at the threshold on the ground of delay
and laches but the payment of arrears can be restricted to a
reasonable period. Three years and two months would be
considered a reasonable period as that is the period for which
a person can ask for the payment of arrears before a Civil Court."
(2.) In view of the aforestated determination at the hands of the Full
Bench, namely, that a plea for re-fixation of pay cannot be rejected on
grounds of delay and laches, we have no other alternative but to entertain
the instant writ petition.
(3.) Having entertained the writ petition, learned counsel for the
petitioners invited our attention to the fact that on the issue in hand the
petitioners had submitted a legal notice dated 29.6.2006, requiring the
respondents to adjudicate their claim, in the same manner, in which, on an
earlier occasion, this Court, while entertaining CWP No.4769 of 2005, had
required respondent No.2 i.e. the Director, Health and Family Welfare,
Punjab, to take a final decision on the legal notice dated 29.6.2006
(Annexure P15).
Notice of motion.
On our asking, Mr. Ashok Aggarwal, Additional Advocate
General, Punjab, accepts notice on behalf of respondents No.1 to 4.
Learned counsel for the respondents states that he has no objection to the
disposal of the instant writ petition in terms of the prayer made by the
learned counsel for the petitioners.;
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