Prithi Singh And Ors vs State Of Haryana And Ors
2024 Latest Caselaw 7857 P&H

Punjab-Haryana High Court

Prithi Singh And Ors vs State Of Haryana And Ors 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

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qualification prior to 20.12.1982, the date on which policy dated 20.06.1977, which entitled them to the benefit, was withdrawn, are entitled to grant of additional increments.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.