Neelam Rani and Others vs State of Punjab and Another

Tejinder Singh Dhindsa, J.—The petitioners are all Masters/Lecturers who either working or have since retired from the Department of Education, State of Punjab. The present writ petition has been filed seeking the benefit of 2/3 advance increments consequent upon their acquiring higher qualifications on the basis of Punjab Government instructions dated 23.07.1957 (Annexure P-1) & 01.09.1960 (Annexure P-2). Petitioners are claiming parity on treatment in terms of judgment dated 21.02.1986 passed by this Court in CWP No. 2632 of 1985 titled as Vidya Sagar Singla & others Vs. State of Punjab & another (Annexure P-6).

The present writ petition is disposed of in terms of issuing directions to respondent No. 2 to consider the claim of the petitioners and to take a final decision on the legal notice dated 15.3.2013 (Annexure P-5) strictly in accordance with law and by passing a speaking order within a period of four months from the date of receipt of a certified copy of this order.

It is, however, clarified that in case the petitioners'' claim is found covered in terms of judgment of this Court in Vidya Sagar Singla''s case (Supra), inasofar as such petitioners, who stands retired, they shall only be entitled to a benefit of notional pay fixation and consequentially revised pensionary benefits and insofar as such petitioners, who are presently in service, it shall be open for the respondent-authorities to confine the benefit of arrears to a period of 38 months from the date of filing of the present writ petition. Disposed of.