Mohammad Rafiq, J. - (1.) PETITIONER is aggrieved by denial of salary of summer vacation and shifting of date of increment and other benefits. It is stated that petitioner was appointed on regular basis on the post of Teacher vide order Dt. 24.01.1992. After joining on 28.01.1992, petitioner was entitled for benefit of service and salary for summer vacation. Respondents denied aforesaid benefit and increment was shifted to the month of March despite of joining of petitioner in the month of January. Accordingly, the respondents be directed to pay salary of summer vacation and also the date of increment be made to January, 1993.
(2.) THE Officer -in -Charge of the respondents could not justify the action of the respondents, inasmuch as Circular Dt. 28.07.2003 clarified that if employee has been appointed on regular basis on probation then he would be entitled for salary of summer vacation even if appointment is after 31st December. No justification is given by the respondents for denial of benefit of increment from January other than erroneously correlating it with the benefit of selection scale and thereby, shifting it by 48 days. I find the action of respondents is illegal, inasmuch as the petitioner is entitled for the benefit of salary of summer vacation as he is covered by the Circular. The petitioner should be given increment counting his service from the date of joining and not by shirting it to the month of March. Accordingly, the writ petition is allowed and consequential benefit would be given to the petitioner as referred above. He would be entitled to other benefits based on appointment order Dt. 24.01.1992 and his joining on 28.01.1992, thus benefit of selection scale would also be determined. This also disposes of stay application.;