LAWS(P&H)-2008-5-233

RAJINDER PAL GAUTAM Vs. STATE OF PUNJAB

Decided On May 30, 2008
RAJINDER PAL GAUTAM Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The instant petition filed under Article 226 of the Constitution prays for issuance of directions to the respondents to grant revised pay scales as per the recommendation made by various Pay Commissions with regard to skilled and semi-skilled staff in the service of the Punjab Government. The claim in nut-shell is that the skilled and semi-skilled employees were kept to be categorized in Categories I to VI, according to the qualification and the same have already been accepted and implemented by the State Government in respect of a number of departments. However, the benefit of revised pay scales has not been granted and implemented in respect of the petitioners.

(2.) The matter came up for consideration on 13.05.2005. I have allowed the petition in terms of the order passed in Civil Writ Petition No.9824 of 1990 and the subsequent order by the L.P.A. Bench in L.P.A.No.950 of 1992, decided on 21.11.2000. The writ petition was allowed by noticing that the learned State counsel was not able to distinguish between the facts of the instant petition and those of the decided case and the matter was disposed of in the aforementioned two cases.

(3.) The order dated 13.05.2005 was challenged before the Letters Patent Bench by filing L.P.A.No.192 of 2005, which was decided on 23.12.2005. In the L.P.A., the learned State counsel made a statement that the appeal be dismissed as withdrawn at that with effect from 01.01.1986 stage with liberty to move an application for review before the learned Single Judge in the light of the facts that the issues raised in Civil Writ Petition No.9824 of 1990 were different and distinct as the aforesaid matter pertained to the State of Haryana. On the basis of the aforementioned prayer, the LPA was dismissed with liberty to file review application. It is in the aforementioned manner that Review Application No.120 of 2006 was filed and the same was allowed vide order dated 02.11.2007 by recalling the order dated 13.05.2005.