Nagina Devi vs State of Haryana and Others

Augustine George Masih, J.—It is the contention of the petitioner that her husband was appointed as a T-Mate in the respondent-Department on 1.11.1977. His services were regularized on 1.1.1983. He continued to serve the respondents on the post of T-Mate and retired on 31.7.2010 on attaining the age of superannuation. As per the instructions dated 2.7.1991 issued by the Government of Haryana, husband of the petitioner was entitled to the grant of technical pay-scale of ` 1200-2040 w.e.f. 1.5.1990 which relief was not granted to the husband of the petitioner. Counsel contends that the claim of the petitioner is covered by the judgment of this Court passed in Labh Singh and others vs. State of Haryana and others, 1995 (1) RSJ 343 which has attained finality upto the Supreme Court as the SLP preferred by the State of Haryana stands dismissed vide order dated 31.3.2007. Similarly placed employees had approached this Court earlier and the same benefit, as has been claimed by her through the present writ petition, has been granted to them by this Court. Reference in this regard has been made to the judgment of this Court passed in CWP No. 5665 of 1991 titled as Ved Parkash and others vs. State of Haryana and others, decided on 11.5.2010 (Annexure P-2). Claiming the benefit of grant of technical pay-scale w.e.f. 1.5.1990, petitioner had served a legal notice dated 2.1.2012 (Annexure P-3) upon the respondents but till date, no decision thereon has been taken or conveyed to her. Counsel for the petitioner contends that the petitioner, being widow of Late Suraj Bhan, is entitled to claim all the financial benefits on behalf of her husband, which he would be entitled to on the fixation of his pay in the technical pay-scale, along with consequential benefits in the family pension etc. including the retiral benefits. He contends that the petitioner, at this stage, would be satisfied if a direction is issued to respondent No. 3-Superintending Engineer, Lift Water Services Circle Bhiwani, to consider and decide the said legal notice within some specified time.

Without going into merits of the case or commenting thereon, the present writ petition is disposed of with a direction to respondent No. 3-Superintending Engineer, Lift Water Services Circle Bhiwani, to consider and decide the legal notice dated 2.1.2012 (Annexure P-3) within a period of four months from the date of receipt of certified copy of this order. Decision so taken be conveyed to the petitioner forthwith. Consequential benefits, in accordance with law, be granted to her within a further period of two months.