CWP.8047 of 1997 (O&M) -1-

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Petition was filed in the year 1997, inter alia, for

issuance of a writ in the nature of mandamus directing the respondents

to implement the Directive Principle contained in Article 39(d) of the

Constitution of India and to treat the petitioners alike with their

counterparts posted in English wing in the matter of grant of special

pay for discharging and performing same and similar duties.

2.

Petition was admitted on 01.04.1998.

3.

None appears on behalf of the petitioners. It seems that

by sheer effluxion of time and pendency of the writ petition for

around 25 years before this Court, either it has been rendered

infructuous or even otherwise the petitioners seem to have lost interest

in pursuing the same.

4.

In any case, it appears that even on merits, claim of the

petitioners is not admissible in view of the following stand taken in

ASHISH

2022.04.25 14:45

I attest to the accuracy and

integrity of this document

CWP.8047 of 1997 (O&M) -2-

para No.7of the written statement, which is reproduced herein for

ready reference:

<7. That in reply to para 7 of the petition it is submitted that

earlier Act, Ordinances, Rules, bye-laws and Regulations were

being legally examined, scruitinized and published in the

Legislation Branch (English Wing) of this department. In order

to give wide publicity to the Hindi in the offices of Haryana

State, the Official Language Act, 1969 was passed. The post of

Deputy Legal Remembrancer and Deputy Secretary, Assistant

Legal Remembrancer, Codification and Publication Officer and

Translators were created in the Hindi Cell of this Department.

Thereafter designation of the above said posts were changed

from time to time. Now the designation of the above said posts

are as Legislative Officer (Hindi) and Deputy Secretary, Deputy

Legislative Officer (Hindi), Codification and Publication

Officer (Hindi) and Assistant Legislative Officer (Hindi)

respectively. The Hindi Wing and English Wing consists of the

following posts:-

English Wing

Hindi Wing

1. D.L.R. & D.S. = One

L.O. (Hindi) & Dy. Secy. = One

2. A.L.R.

=One

D.L.O. (Hindi)

= Three

3. Supdt. (Legal) =One

A.L.O. (Hindi)

= Five

It is incorrect that the abovesaid officers of Hindi Wing perform

the same duties as the officers of English Wing. It is submitted

that on the representations made by staff of Hindi Cell,

comments from the then Legal Remembrancer and Secretary to

Government, Haryana, Law and Legislative Department were

obtained. The Legal Remembrancer, Haryana sent his

comments vide Memo No.2877 dated 15.9.94 and Memo

No.308 dated 5.2.1996. The Legal Remembrancer intimated

that the Superintendent (Legal) deals with the Legislation

matters, Opinion and Litigation cases and is required to

required to consult the latest case law and they render legal

assistance to the officers for enabling them to form a correct

and legal view. As against it, the primary function of the

Assistant Legislative Officer/Deputy Legislative Officer (Hindi

Cell) is to translate the Statutes, Notifications etc. These

officers are not required to study the latest judicial

pronouncements as their duty is not to examine the case from

legal point view. The Legal Remembrancer had also informed

that there is certainly no parity in the nature of duties being

performed by the officers of the Hindi Cell and the others in

this department and that the principle of