Punjab-Haryana High Court
Raghbir Singh vs State Of Haryana on 15 April, 2024
CWP-14791-1997 along with connected petitions 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.207 Date of Decision: 15.04.2024 1) CWP-14791-1997 2024: PHHC:053288 Sunder Singh and others .... Petitioners Versus State of Haryana and another ... Respondents 2) CWP-15073-1997 2024: PHHC:053292 Raghbir Singh .... Petitioner Versus State of Haryana and others ... Respondents 3) CWP-5018-1999 2024: PHHC:053294 Prithi Singh and others .... Petitioners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHTYA Present: Mr. Jivesh Malik, Advocate for the petitioners in CWP-14791-1997. None for the petitioners in CWP-15073-1997 and CWP-5018-1999. Ms. Tanushree Gupta, DAG, Haryana. 22 TRIBHUVAN DAHIYA, J. (ORAL)
These petitions have been filed inter alia seeking a writ of mandamus directing the respondents to grant and release the benefit of advance increments to the petitioners commensurate to their postgraduate qualification.
MANINDER 2024.04.25 10:38 I attest to the accuracy and authenticity of this order/judgment.MANINDER 2024.04.25 10:38 CWP-14791-1997 along with connected petitions 2
2. Learned counsel for the petitioners submits that in view of the law laid down by the Supreme Court in State of Haryana and others v. Hem Lata Gupta and others, 2010(2) SCC 369, the petitioners, who obtained higher qualification prior to 20.12.1982, the date on which policy dated 20.06.1977, which entitled them to the benefit, was withdrawn, are entitled to grant of additional increments.
3. Learned State counsel does not dispute the contention. She submits that only those of the petitioners who acquired the requisite qualification prior to 20.12.1982, deserve to be considered by the respondents for grant of benefit in terms of Hem Lata Gupta case (supra). In case any such representation is made by those petitioners along with requisite documentary proof within two months, their cases will be considered in the light of law laid down and the admissible benefits will be released within three months of receiving the representation.
4. In view of the statement made, learned counsel representing the petitioners in CWP-14791-1997 has no objection to the petition being disposed of in terms thereof.
5. Ordered accordingly.
6. The other two petitions, CWP No.15073 of 1997 and CWP No.5018 of 1999, also stand disposed of in the same terms.
7. All the petitions qua the remaining petitioners who obtained higher qualification after 20.12.1982 stand dismissed.
8. A photocopy of this order be placed on connected files. (TRIBHUVAN DAHTITYA) JUDGE 15.04.2024 Maninder Whether speaking/reasoned : Yes/No I attest to the accuracy and Whether reportable : Yes/N: oO authenticity of this order/judgment.