Maninder Singh and others vs State of Punjab and another

Tejinder Singh Dhindsa, J.—It is contended that the petitioners had joined the Punjab Education Department as Art & Craft Teachers. Petitioner no. 1 is the sole legal heir of Sh. Tara Singh and is in receipt of family pension. Petitioners no. 2 and 3 already stand superannuated and petitioner no. 4 is still in service. In terms of filing the instant writ petition the claim is seeking parity as regards grant of pay scale of Rs. 1640-2925 as granted to the petitioners in CWP No. 8375 of 2011 decided on 11.5.2011 titled as Surinder Kaur and others Vs. State of Punjab & another (Annexure P-1).

Learned counsel for the petitioners submits that even a legal notice dated 4.5.2012 (Annexure P-3) already stands served upon the respondent-authorities.

In the light of the averments made in the petition, I deem it appropriate to dispose of the present petition with direction to the respondent-authorities to consider the claim of the petitioners and decide the legal notice dated 4.5.2012 (Annexure P-3) strictly in accordance with law by passing a speaking order within a period of the months from the date of receipt of a certified copy of this order. It is, however, clarified that in the eventuality of the claim of the petitioners being found covered in terms of the judgment in Surinder Kaur''s case (supra) the petitioners, who already stand retired would be entitled to the benefit of notional pay fixation and consequent revised pensionary benefits. In so far petitioner no. 4 is concerned, since she is in service, it would be open for the respondent-authorities to restrict the benefit of actual arrears to a period of 38 months from the date of filing of the instant writ petition. Petition disposed of.