Sunil Dutt vs State of Haryana etc.

Augustine George Masih

Petitioner has approached this Court by way of present writ petition for quashing the impugned order dated 11.10.2010 (Annexure P-5), vide which the prayer of the petitioner for stepping up of his pay equal to that of his junior, namely, Sh. Om Parkash, W.P.O.-II was declined.

Upon notice having been issued, respondents in their reply have stated that the pay of the petitioner has been stepped up equivalent to that of his junior, Om Paraksh and, therefore, the writ petition has been rendered infructuous.

Counsel for the petitioner states that the petitioner although has been granted the benefit of fixation of pay equal to that of his junior but no arrears have been paid to him.

Counsel for the respondents submits that the petitioner cannot claim the said benefit in the light of the fact that the petitioner has not claimed the same in the writ petition.

A perusal of the prayers made by the petitioner indicates that the petitioner has also, apart from claiming fixation of pay, claimed arrears of pay. In the light of the fact that the respondents have accepted the claim of the petitioner by stepping up of his pay equivalent to that of his junior, petitioner is also entitled to arrears for the same. However, keeping in view the fact that the petitioner has now approached this Court, the arrears are restricted to 38 months prior to the petitioner approaching this Court. The arrears be released to the petitioner within a further period of three months.

Petition stands disposed of accordingly.