VINOD GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The facts and the controversy involved in the present case is squarely covered by the judgment of a Division Bench of this court of which one of us (Viney Mittal, J.) was a member rendered in Civil Writ Petition No. 3804 of 2002 decided on August 26, 2002. As a matter of fact when the present writ petition was filed by the petitioners, they had relied upon the issuance of notice of motion in the aforesaid C.W.P. No. 3804 of 2002 (Sat Parkash and others v. State of Haryana and others).

(2.) The petitioners, who were working as Taxation Inspectors in the office of the Deputy Excise and Taxation Commissioner, Panchkula have filed the present petition under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing the order dated August 30, 2001 vide which the arrears of refixation of the pay of the petitioners in the pay scales of Rs. 1640-2900 with effect from January 1, 1986 instead of October 1, 1991 has been denied. A further prayer has been made for the issuance of a writ of mandamus for directing the respondents to grant the arrears of pay to the petitioners on their refixation of pay with effect from January 1, 1986 or in any case with effect from the date of their joining instead of October 1, 1991 along with consequential benefits. The petitioners have also prayed for the issuance of a further writ of certiorari also to quash order dated August 10, 200 to the extent that no arrears would be paid to other Excise and Taxation Inspectors who had not filed the writ petition in this Court earlier, though their pay had been revised with effect from January 1, 1986 instead of October 1, 1991.

(3.) On identical facts in Sat Parkash and others v. State of Haryana and others , a Division Bench vide order dated August 26, 2002 had allowed the claim of the aforesaid petitioners and held them entitled to arrears of salary for a period of 38 months prior to the date of earlier writ petition by the aforesaid petitioners.