Kalu Ram and Others vs State of Haryana and Others

Rajiv Narain Raina, J.—Learned counsel for the petitioners claims similar relief as granted by this Court in CWP No. 18438 of 2010; Subhash Chander and others vs. State of Haryana and others and connected cases in which the instructions dated 14.06.2010 have been quashed being contrary to the Haryana Civil Service (Revised Pay) Rules, 2008 and the Haryana Civil Service (Assured Career Progression) Rules, 2008. The petitioner has served a legal notice on the respondents on 05.12.2012 (P-6) which has remained unheeded. Learned counsel for the petitioners would be satisfied if a direction is given to the 2nd respondent to consider and decide the aforesaid legal notice in terms of the decision of this Court in Subhash Chander''s case within a time bound period.

This Court expresses its dismay at the apathy of the 2nd respondent in not passing orders in consonance with the law declared by this Court and to compel Government servants to approach this Court for relief contrary to the instructions issued by the Haryana Government, following the Division Bench decision of this Court in Satbir Singh vs. State of Haryana, 2002 (2) SCT 354 and the consequential executive instructions issued in terms of that decision that where a law has been declared by this Court that similarly situated persons should be granted similar relief and not to compel them to approach Court to choke the heavy dockets that this Court is reeling under. Let a decision now be taken within 14 days from the date of receipt of certified copy of this order. The amount found due be paid with 6% interest. The monetary claims be then paid within the next 30 days of passing the final order determining money due. The petitioner would have costs of litigation assessed at Rs. 5000/- to be recovered from the official(s) found responsible. Costs will remain personal to the petitioner.