Hardial Singh and Another vs Mr. B.R. Bajaj and Others

Surya Kant, J.—The petitioners filed CWP No. 13898 of 2000 which was disposed of by this Court on 19.9.2003 with a direction to the fourth respondent to take a decision on the representation which the petitioners had already submitted, by passing a speaking order within a period of three months.

Alleging non-compliance of the aforesaid order, this contempt petition has been filed.

In response to the show cause notice, Dr. G.L. Goyal, Director, Health and Family Welfare, Punjab filed his affidavit dated 22.9.2005 and along with the same, a copy of the speaking order dated 14.9.2005, purported to have been passed in compliance to the directions issued by this Court, has been appended as Annexure R-1.

A perusal of the speaking order would reveal that the petitioners'' claim for the grant of higher pay scale was kept in abeyance on the ground that the judgments passed by this Court in the case of similarly situated employees were subject matter of appeals before the Letters Patent Bench in which contempt proceedings had been stayed and that the claim of the petitioners for enhanced pay scales "will be considered after the decision of LPA No. 1438 of 2001 in COCP No. 735 of 1997".

Learned Counsel for the petitioners contends that the employees in whose cases the above mentioned LPA/contempt petitions are pending, have already been granted the enhanced pay scale vide order dated 12.12.2005 passed by the Director, Health and Family Welfare, Punjab, though, subject to final decision of LPA No. 1438 of 2001 in COCP No. 735 of 1997. It is, thus, contended that the petitioners can also be granted the benefit of higher pay scale subject to the final outcome of the above mentioned pending cases.

Shri Cheema, learned Sr. Dy. AG, Punjab, however, contends that there being no specific direction by this Court to grant such higher pay scale to the petitioners, the claim putforth by Learned Counsel for the petitioners is untenable.

After hearing Learned Counsel for the parties and having regard to the fact that the claim of the petitioners for the grant of higher pay scale was required to be considered in the light of the decision of this Court in CWP Nos. 13425 and 13426 of 1995 and the writ petitioners in the above said cases have since been granted the benefit of higher pay scale, though subject to final outcome of the pending appeals etc., the petitioners being the similarly situated employees, are also entitled for the same benefit which would necessarily flow from the directions issued by this Court on 19.9.2003 in their case.

Consequently, this petition is disposed of with a direction to the respondents that the petitioners, like their other counter-parts to whom higher pay scale has been conditionally granted vide order dated 12.12.2005, may also be granted the same benefit, however, subject to final decision of LPA No. 1438 of 2001 in COCP No. 735 of 1997. It is made clear that the final decision to be rendered by this Court in the above said LPA shall be equally binding upon the petitioners as well.

The needful shall be done within a period of three months from the date of receipt of a certified copy of this order. Disposed of.

Rule discharged.