MOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(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:-

(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.