ASHOK KUMAR SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was appointed as a Science Master on 9.6.1978 and his services were regularised with effect from 1.10.1980. He acquired Post-Graduate Degree in M.A. on 5.8.1978. In this writ petition, he is seeking issuance of a writ of mandamus directing the respondents to grant him two advance increments on acquiring Post Graduate qualification in view of the memo of the Government of Punjab Education Deptt. dated Ist September, 1960 as clarified in the letter dated September 20, 1979.

(2.) The claim of the petitioner was opposed by the respondents on the ground that the services of the petitioner was regularised in the year 1980 and therefore according to the clarification issued in February, 1979, the petitioner is not entitled to the increments as he acquired the higher qualification prior to his regularisation.

(3.) The short point for consideration in this writ petition is whether the ad hoc employees, who have already got higher qualification and whose services as such are followed by regular service on regularisation, are entitled to the benefit of advance increments with effect from the date of appointment on ad hoc basis or if such regular employees acquired those qualifications while on ad hoc service are entitled to the advance increments with effect from the dates of acquiring higher qualification. It has been held by the Division Bench of this Court in Rajinder Kumari v. State of Punjab, 1968(4) S.L.R. 297) as follows :-