Punjab-Haryana High Court
Manjit Singh vs Pb.State on 27 July, 2023
Neutral Citation No:=2023:PHHC:096337
{2023:PHHC:096337}
344
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-12812-1996 (O&M)
Date of Decision:27.07.2023
MANJIT SINGH ........Petitioner
V/s.
STATE OF PUNJAB AND ANOTHER .....Respondents
CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Present: Ms. Aarushi Garg, Advocate,
for the petitioner.
Ms. Shivani Sharma, DAG, Punjab.
***
SANJEEV PRAKASH SHARMA, J. (Oral)
1. The petitioner by way of this Writ Petition has prayed for
issuance of directions to respondents to grant the petitioner the benefit of
sterilization operation under the family planning scheme.
2. The issue raised by the petitioner in the present petition is no
more res integra.
3. The short conspectus of the case is that the petitioner underwent
a sterilization operation on 17.11.1969. The Punjab Government on
25.10.1983 promulgated a Policy to grant an extra increment to Government
Servants who have already undergone sterilization operation making it
prospective to those who undergo the sterilization operation on or before the
date of issue of the said letter. It was also specifically clarified in letter
dt.16.04.1984 that the benefit would not be available to those Government
Servants who had undergone sterilization operation prior to the date of issue
of the Government letter dt.25.10.1983.
4. A similar circular was issued by the Government of Haryana on
20.07.1981 and the same came up before this Court for challenging the said
1 of 4
Neutral Citation No:=2023:PHHC:096337
{2023:PHHC:096337}
CWP-12812-1996 (O&M)
condition whereby the benefit was advanced to the Government employees
who underwent sterilization operation on or after 20.07.1981.
5. This Court in CWP-9344-1989 decided on 19.01.1993, after
discussing all the aspects relating to the said circular which was similar to the
terms as that issue by the Government of Punjab, reached to the following
conclusion:-
6. A clarification application was also filed before the Court
wherein it was pointed out that the authorities in the State of Punjab are not
carrying out the directions only on the ground that a specific preference has
been made to the letter dt.25.10.1983. This Court observed as under:-
"X XXXXXXXX XXXXXXXXXX XXXXXXXXXX
As a result, the stipulation contained in paragraph (v) by
which the benefit of special increment was restricted to those
Government employees who undergo sterilization operation on or
after July 20,1981 is declared unconstitutional. Accordingly, the
respondents are directed to re-fix the petitioners' pay by treating
them as entitled to sis the grant of special increment. However, the
payment of arrears of salary shall be confined to a period of 38
months proceeding the date of the filing of the petition. In the
circumstances of the case, there will be no order as to costs."
7. Learned counsel for the petitioner submits that in terms of the
observations made by the Court, the petitioner was entitled to receive one
increment further.
8. Per contra, learned State counsel pointed out that the circular
issued by the Haryana Government essentially was on the basis that no
person who has more than two children and has not got himself/herself or his
2 of 4
Neutral Citation No:=2023:PHHC:096337
{2023:PHHC:096337}
CWP-12812-1996 (O&M)
or her spouse sterilized, shall have to give an undertaking and would be liable
to be removal from service.
9. Resultantly, the employees underwent sterilization/family
planning operation while the Punjab Government did not issue any such
notification restraining its employees with a threat to remove them from
service if they are having more than two children.
10. Learned counsel for the petitioner has thus submitted that the
circular issued by the Punjab Government dt.25.10.1983 has to be understood
in the said circumstances.
11. Further the petitioner is stated to have taken premature
retirement on 01.03.1991.
12. I have considered the submissions of the learned counsel for
both the parties and finds that the incentives to the employees of the State
Government for promoting family norms as issued by the Government of
Punjab dt.25.10.1983 has been found by this Court in earlier proceedings to
be similar to that issued by the Government of Haryana and clarification was
also issued by this Court on 27.07.1994 in the same terms. Inspite thereto, the
petitioner has been denied the rightful claim. This Court is of the opinion too
that circular dt.25.10.1983 issued by the Government of Punjab may have
been issued for certain other reasons but essentially the benefit is same as
given by the Government of Haryana.
13. The judgment passed by the Court relating to the circular
dt.20.07.1981 issued by the Government of Haryana reflects that the Court
has found the cut-off date mentioned for grant of increments as
discriminatory and having no relation or nexus with the object sought to be
3 of 4
Neutral Citation No:=2023:PHHC:096337
{2023:PHHC:096337}
CWP-12812-1996 (O&M)
achieved. The basis for quashing the restriction to the Government
employees, who underwent sterilization operation on or after 20.07.1981, has
been held to be an artificial classification.
14. In view of the above, this Court does not find any difficulty in
holding that the circular issued by the Punjab Government will also have the
same application as that issued by the Haryana Government and there can be
no artificial classification with the Government employees who underwent
sterilization operation before the date of issuance of the circular
dt.25.10.1983 and the benefit of special increment must be advanced to the
petitioner.
15. The objection raised by the respondents regarding the petitioner
having already taken voluntary retirement has no basis.
16. As far as the said increment is concerned, the same has to be
advanced/granted to the petitioner for the year 1983 onwards and the pay
fixation would, therefore, have to be done w.e.f. 1983 which would result in
the consequential retiral benefits.
17. It is made clear that the benefit now be granted would be
notional for the service period but shall be counted for the purpose of
enhancement of pension and other retiral benefits. The arrears so calculated
shall be released to the petitioner within three months.
18. The Writ Petition stands allowed accordingly.
19. Pending application(s), if any, stands disposed of accordingly.
July 27, 2023 [ SANJEEV PRAKASH SHARMA]
Ess Kay JUDGE
Whether speaking / reasoned : Yes / No
Whether Reportable : Yes / No
Neutral Citation No:=2023:PHHC:096337
4 of 4
