RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order of mine shall dispose of Execution Application No. 23221 of 1997 as well as Civil Writ Petition No. 6355 of 1994.

(2.) The grievance of the applicants in the execution application is that the respondents were directed to release the pay scale to the applicants as per their qualifications with effect from the date they acquired higher qualification but the respondents have not paid arrears of salary with effect from the date the applicants acquired higher qualification. Prayer made in the execution application is that respondents be directed to pay the arrears with effect from the date the applicants acquired higher qualification.

(3.) Mr. N.K. Joshi, Assistant Advocate General, Haryana appearing on behalf of the State contended that the State is not liable to pay arrears of pay to the applicants from the date they acquired higher qualification but the applicants are entitled to only arrears for only 38 months prior to the filing of the writ petition. He contended that in C.M. No. 19299 of 1996 in CWP No. 15630 of 1993, (Rattan Singh and others v. State of Haryana, 1995 1 SCT 711) clarification was sought by the State and Division Bench of this Court clarified that the payment of arrears shall be restricted to 38 months prior to the filing of the writ petition. Learned counsel has placed on record photo copy of order dated 2.5.1997 passed in the said case.