REGISTRAR GENERAL, HIGH COURT Vs. FANENDRA KUMAR BISEN

JUDGEMENT

(1.) Heard Mr. Manoj Paranjpe, learned counsel, appearing for the appellant. Also heard Mr. C. Jayant K. Rao, learned counsel, appearing for respondent No.1 and Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State/ respondent nos. 2 & 3.

(2.) This writ appeal is presented by the appellant assailing the order dtd. 15/6/2024 passed by the learned Single Judge in Writ Petition (S) No. 3617 of 2019, whereby the learned Single Judge has partly allowed the writ petition filed by the writ petitioner / respondent No.1 herein.

(3.) Brief facts of the case are that the petitioner was initially appointed as Assistant Grade-III vide order dtd. 24/1/1992. The wife of the petitioner had undergone family planning operation (Tubectomy) on 29/7/1999. On account of the family planning operation the benefit of two advance increments has been granted to the petitioner vide order dtd. 23/8/1999. The petitioner got the above benefit till December, 2004. Subsequently vide order dtd. 19/1/2005, the petitioner promoted to the post of Assistant Grade-II in the pay scale of Rs.4000.00100-6000, but the benefit of advance increment was not extended to the petitioner. Even vide order dtd. 28/12/2005 while the pay scale of the petitioner has been fixed, but the above benefit of two advance increments on account of family planning operation has not been granted and as such petitioner not getting the benefit of advance increments. The petitioner made a representation on 18/9/2018 before the respondent No.3 therein for continuance of the above two advance increments, which has been disposed by the respondent No.3 therein vide order dtd. 30/1/2019 giving the reference of order dtd. 28/12/2018 passed by Law Department. Hence, the petitioner has filed a writ petition being WPS No. 3617 of 2019 challenging the order dtd. 30/1/2019, whereby the claim of the petitioner for continuance of two advance increments has been closed. The said writ petition was disposed of by the learned Single Judge vide impugned judgment dtd. 15/6/2024, directing the respondents to make fixation of petitioner's pay by taking into consideration the advance increments earned earlier by him till 7/10/2015. It has been further directed to pay arrears, if any, payable to him consequent upon such fixation of pay and other consequential benefits.