BHAJAN SINGH AND OTHERS Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2006-4-319
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 26,2006

Bhajan Singh And Others Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

M.M. S. Bedi, J. - (1.) The petitioners, who are working as Masters in Government schools in District Bathinda, have filed this writ petition under Article 226 of the Constitution seeking a writ in the nature of mandamus directing the respondents to grant the petitioners two or three advance increments in terms of the decision of this Court in CWP No. 2632 of 1985 (Vidya Sagar Singla and others v. State of Punjab and others) decided on 21.2.1987 (Annexure P-5) for the reason that the petitioners have acquired the qualification of M.A. M.Ed. prior to 19.2.1979 and have been in regular service as Masters prior to 19.2.1979.
(2.) Learned State counsel has not been able to distinguish the case of the petitioners from the other similar circumstanced Masters and has placed on record a communication dated 2.2.89 signed by the Director of Public Instructions(s), Punjab, which reads as follows : "There are five petitioners in the above said petition and are working in different schools of Bathinda Distt. In order to collect their particulars etc. at the least a period of two months is required. It was decided in CWP No. 2632 of 85 that those petitioners (Masters/Mistresses) who were regularised holding the degree of post graduate before 19.2.79 were entitled to two or three advance increments subject to the division in M.A./M.Sc. The decision has been upheld by the Supreme Court of India. The matter is pending with the FD for the sanctioning of funds etc. The decision arrived in this case will be made applicable to these petitioners as well if these are regular and obtained the masters degree before 19.2.79. The above statement may kindly be made before the Hon'ble High Court and the writ petition may kindly be got dismissed being infructuous or sufficient time may kindly be sought from the Hon'ble court so that data of the petitioners is collected from the field and the facts will be explained to the Hon'ble Court." Learned counsel for the petitioners has not been able to confirm from his clients whether two or three advance increments sought for by the petitioners have already been granted to them or not.
(3.) In view of letter dated 2.12.1989 referred to above, this writ petition deserves to be allowed. A direction is issued to the respondents to grant two or three advance increments to the petitioners as per letter Annexure P-1 and an earlier decision of the High Court in CWP No. 2632 of 1985 decided on 21.2.1986 (Annexure P-2), in case the same have not been granted till date. The writ petition stands disposed of in the above terms. No costs. Petition allowed.;


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