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2006 DIGILAW 3215 (PNJ)

Gian Chand v. State Of Punjab

2006-08-08

JAGDISH SINGH KHEHAR, KIRAN ANAND LALL

body2006
Judgment , J. 1. Through the instant writ petition, the petitioners claim refixation of their basic pay. Although, the claim of the petitioners is with reference to 1.1.1997 from which date they seek pay at a higher level than the one that was allowed to them, and as such, the relief sought by the petitioners is prima-facie belated, learned Counsel for the petitioners vehemently contends, that the petitioners suffer on account of a wrongful fixation of their pay, at the end of every month, and in that sense asserts, that a fresh cause of action accrues and arises at the end of every month, when payment of pension is made to the petitioners. 2. On the same issue, namely, the refixation of their pay with reference to 1.1.1997, the petitioners are stated to have issued a legal notice dated 25.5.2006 (Annexure P-10 ). However, learned Counsel for the petitioners states, that no decision has been taken thereon till date. He further states, that the petitioners will be satisfied, if the instant writ petition is disposed of with a direction to the respondents to take a final decision on the aforesaid legal notice dated 25.5.2006 (Annexure P-10 ). 3. Notice of motion. 4. On our asking, Mr. Ashok Aggarwal, Additional Advocate General, Punjab, accepts notice on behalf of respondents No.1 to 3. 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. 5. In view of the above, without going into the merits of the claim raised by the petitioners, we consider it just and appropriate, to dispose of the instant writ petition, by directing the respondents to take a final decision on the legal notice dated 25.5.2006 (Annexure P-10) by passing a well reasoned speaking order, within three months from the date of receipt of a certified copy of this order. In case, the petitioners are found entitled to any monetary benefits, the same shall be calculated and released to them within a further period of one month, subject to the condition that the petitioners will not be entitled to arrears beyond the period of three years and two months before the filing of the instant writ petition. It is also hereby clarified, that the instant writ petition was filed on 7.8.2006. Disposed of accordingly. 6. It is also hereby clarified, that the instant writ petition was filed on 7.8.2006. Disposed of accordingly. 6. Order dasti on payment of usual charges.