DEV RAJ ARYA Vs. RAJ KUMARIAS

JUDGEMENT

(1.) The petitioners, along with some of their colleagues, filed CWP No. 15203 of 1995, which was allowed by this Court 12.2.2001 in the same terms as in CWP No.7753 of 1997 (Dina Nath v. State of Haryana and Ors.). CWP No.7753 of 1997, on the other hand, was allowed on 10.11.1998 with a direction to the respondents to place the Laboratory Technicians in a pay scale higher than that of Multi-Purpose Health Supervisors to whom the revised pay scale of Rs. 12002040 was granted in place of the pre-revised pay scale of Rs. 480-760 with effect from 1.1.1986. Alleging non-compliance, some of the petitioners also filed COCP No. 1142 of 2001 which was disposed of by this Court as having become infructuous on 2.11.2001 (Annexure R-1).

(2.) The petitioners, however, felt aggrieved that despite a stand taken before this court in the stated contempt petition, they have not been granted the admissible pay scale and as such have filed this second petition. In response to the show cause notice, an affidavit has been filed by Dr. B.S. Dahiya, Director General, Health Service, Haryana and along with the said affidavit, documents Annexures R-2 to R-5 have been appended in order to show that various payments were made to the petitioners in terms of the order passed in CWP No. 15203 of 1995 (Manohar Singh and Ors. v. State of Haryana and Ors.).

(3.) Though the petitioners have filed a rejoinder to the above said reply, however, from the pleadings, it is not discernible as to how and in which pay scale the petitioners' pay was fixed in terms of the order passed in Dina Nath's case (supra). Similarly, from the documents Annexures R-2 to R-5, it is difficult to find out as to how the arrears were calculated and paid to the petitioners.