CRITICAL
RAJESH
(Querist) 04 February 2011
This query is : Resolved
CHRONOLOGY OF THE CASE
14/1/08 To 29/2/08 Chandigarh Housing Board (CHB) launched a housing scheme for UT employees. Scheme provided for the 4 categories of flat (3 BR/2BR/1BR/1R)
An employee was eligible according to his group (A/B/C/D) as per service rules. (PARA II (b) of the scheme).
Group A employee was eligible for 3BR flat, Group B employee was eligible for 2BR flat and so on.
11/6/2009 Chandigarh Admn issued a notification to Adopt the Punjab Govt.
Notified rules called “Punjab Civil Servises Rules (Revised Pay) Rules, 2009” with immediate effect. However arrears were paid retrospectively w.e.f 01/01/2006. (Para 2 & Rule 8 of the Notification No. 7000/1/2-F&PO(7)-2009/4029)
07/07/2009 Chandigarh Admn. Issued a notification No.34/55-IH(7)-2009/13073 for adopting the criteria for classification of post as contained in Punjab Civil Servises Rules (Revised Pay) Rules, 2009” with immediate effect.
Sept.,2009 Mr. Shiv Kumar Joshi who belongs to Group C filed a writ petition (15111/2009 through Mr. Puneet Bali) seeking to upgrade their eligibility from 1BR flat to 2BR flat because their scales as been revised retrospectively w.e.f 01/01/2006 and the corresponding grouping (A/B/C/D) should also be made applicable from that date instead of 7/7/2009. and they should be allowed to be included in list of applicants of B category flats .
Oct. 26,2010 Another person belonging to Group C (Sukhraj Singh ) filed the same writ (19175/2010 through Mr. Puneet Bali). In which Justice Surya Kant transfered that writ to other bench and finally on 29/10 Justice Ranjit singh referred to the order passed in case of Shive Kumar Joshi and issued notice of motion for 01/03/2011
Oct. 28, 2010 Justice Surya Kant gave the interim relief to Mr. Joshi, directed the CHB to consider the employees who are interested and have become eligible from Group C to Group B category flats on account of retrospective revision of pay scales w.e.f 01/01/2006 shall be included provisionally in the draw of lots against Group B flats without prejudice to their rights for the inclusion of their names in Group C category flats in the event of non acceptance of their claim by this court.
Nov.4,2010 Draw of lots held with following position in case of B category across all categories viz Gen/ SC/OBC/PH etc
Original B category employees Group C employees considered provisionally
Successful Waiting Successful Waiting
79 29 89 54
Some of them who transferred from Group C even do not fall in criteria mentioned in interim order
Mr. Shiv Kumar Joshi who filed the above said 1st writ got successful in C category and is expected to take withdraw his writ.
Mr. Sukhraj Singh got successful in category B
I beling to Group B originally figured in waiting list at no 40 and affected due to Group C people considered in draw of lots provisionally in our group B
Please provide solution to throw the group C people out of our group
RAJESH
(Querist) 04 February 2011
Please provide any judgement if any on the subject that after the scheme is closed the retospective amendments in rules will not give any right to enter in the scheme
Ajay Bansal
(Expert) 05 February 2011
I have already given answer to this query.
RAJESH
(Querist) 10 February 2011
CAN YOU PLEASE FORWARD THAT AGAIN
