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Jai Ram Bhatti vs State Of Punjab And Others

Punjab And Haryana At Chandigarh · Decided on 26 November 2018 · Citation: (2018) 11 P&H CK 0106

HON’BLE JUDGES
Jaspal Singh, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226
RESULT
Disposed off
CASE NUMBER
Civil Writ Petition No.9309 Of 2017
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Judgment

19 paragraphs · 409 words

Jaspal Singh, J.

1.

By virtue of the instant civil writ petition, preferred under Article 226 of the Constitution of India, petitioner has sought issuance of a writ in the

nature of mandamus directing the respondents to revise his pension on the basis of re-vised pay scales w.e.f. 01.12.2011 as per letter dated

15.12.2011 (P-4) and Circular/letter dated 17.08.2009 (P-2), Circular dated 22.02.2010 (P-3) and judgments dated 22.10.2013 in CWP No.25733 of

2012 (P-6) as well as dated 30.09.2016 in CWP No.2866 of 2014 (P-8) WITH FURTHER issuance of a writ in the nature of certiorari quashing the

impugned circular dated 13.06.2012 (P-5) issued by respondent No.1.

2.

At the very outset of the arguments, it has been fairly conceded by learned State counsel Mr. B.S. Sewak, Additional Advocate General, Punjab

that case of the petitioner for revision of his pay scales w.e.f. 1. 12.2011 was considered in the light of the judgments rendered by this Court in CWP

No.25733 of 2012 captioned as A.P. Sharma & ors. vs. State of Punjab & ors. decided on 22.10.2013 as well as CWP No.2866 of 2014 captioned as

Karanvir Singh & ors. vs. State of Punjab & ors. decided on 30.09.2016 and finding that petitioner is entitled to the benefit of aforesaid judgments. His

case has been sent to the office of Accountant General (A&E), Punjab, Chandigarh-respondent No.3 for further action.

3.

From the perusal of the written statement filed by the respondents, it emerges that the matter was taken up with the office of Accountant General

(A&E), Punjab, Chandigarh in the month of February, 2018. But after the expiry of a period of more than six months, no final decision has been taken

by respondent No.3-Accountant General (A&E), Punjab, Chandigarh. At this juncture, parties are ad idem, instant petition can be disposed of with

respondent No.3 to take a conscious decision and accord the necessary approval/sanction within some specified period.

4.

In view of facts and circumstances narrated above, instant petition is disposed of with a direction to respondent No.3 â€" Accountant General,

(A&E), Punjab, Sector 17, Chandigarh to take a final decision in the matter, within a period of two months from the date of receipt of a certified copy

of this order. If needful is not done the aforesaid stipulated period, then the amount accrued on account of arrears, if any, shall carry interest @ 9%

p.a. from the date of filing of instant petition till actual payment.