- (1.) HEARD the counsel for the parties.
(2.) IN this writ application, the petitioner has prayed for issuance of a direction on the respondents to grant additional increment to the petitioner in accordance with the Circular dated 26.11.1990 issued by the Personnel and Administrative Reforms Department, under which one additional increment is to be given to the Government servants who have undergone family planning operation. The contention of the petitioner is that his wife had undergone tubectomy operation on 16.6.1995 under the family planning scheme, as she was already blessed with two sons and she did not want any further children. The petitioner applied before the appropriate authority on 19.7.1995 invoking the provision of the aforesaid Circular issued by the Department of Personnel and Administrative Reforms and claimed one additional increment. The requisite medical certificate was also annexed to the application filed by the petitioner along -with all necessary particulars. The petitioner thereafter issued several reminders till the year 2000. He was informed that his representation was forwarded to the department concerned seeking necessary information and the reply IS awaited. It was also made known to the petitioner that a query was made by the respondent no. 3 to the petitioner's superior officer as to whether there was any charge or departmental proceeding against the petitioner and there being no departmental proceedings pending against the petitioner. the respondents should have acknowledged the petitioner's claim and granted him one additional increment according to the Circular.
(3.) LEANED SC -II for the respondent -State submits that counter affidavit has been filed on behalf of respondent no. 5 wherein the facts claimed by the petitioner have been acknowledged, but the liability has been disowned by the respondent no. 5 since the claim made by the petitioner is not concerned with respondent no. 5 and it IS entirely and squarely concerned with the Department of Personnel and Administrative Reforms. Government of Jharkhand.;