RAJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(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.