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Judgment
SUDEEPTI SHARMA, J. (Oral)
The petitioner in the present writ petition was asking for the reliefs mentioned below:-
(i)writ in the nature of certiorari quashing the appointment letter of the petitioner to the extent that the petitioner has been appointed for a specific period and on a consolidated salary being totally illegal, arbitrary and against the law with a further prayer that he be permitted to continue on regular basis till such as the scheme itself continues and be paid salary in the running pay scale w.e.f the dates of their initial appointment with other consequential benefits including arrears along with interest;
(ii)a writ in nature of certiorari quashing the scheme to an extent that the Assistant Projector Officer are granted consolidated salary of Rs.3500/- per month;
(iii)a writ in nature of mandaums directing the respondents to grant pay scale of Assistant Project Officer/Lecturer which have been granted to similarly situated persons w.e.f the date they were appointed with all consequential benefits.
Learned counsel for the petitioner contends that so far as relief regarding regularisation of service of the petitioner is concerned, he does not press the same, in view of law settled by Hon’ble the Supreme Court in a case of Principal, Mehar Chand Polytechnic and another vs. Anu Lamba and others, 2006 (4) SCT 49.
Learned counsel for the petitioner further contends that so far as relief No. (ii) and (iii) are concerned, this issue is already decided by Co-ordinate Bench of this Court in a case of CWP No. 3443-2007 titled as Kanwaljeet Kaur w/o Gurpreet Singh vs. Union of India through Secretary, Ministry of Human Resources Development-Education Department Shashtri Bhawan, New Delhi and others, decided on 24.07.2009, which was further upheld by Division Bench of this Court in a case of Union of India and others vs. Kuldeep Rai and others, passed in LPA No. 518-2010, decided on 27.04.2010, wherein similarly situated employees of the same department for the same post are granted benefit of enhanced amount/minimum wages.
In view of the above, the present writ petition is allowed in terms of the decision passed in CWP No. 3443-2007 titled as Kanwaljeet Kaur w/o Gurpreet Singh vs. Union of India through Secretary, Ministry of Human Resources Development-Education Department Shashtri Bhawan, New Delhi and others, decided on 24.07.2009, which was further upheld by Division Bench of this Court in a case of Union of India and others vs. Kuldeep Rai and others, passed in LPA No. 518-2010, decided on 27.04.2010.
The respondents are directed to grant the relief to the petitioner within a period of three months from today.
All the pending miscellaneous applications, if any, are also disposed of.