FANENDRA KUMAR BISEN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the instant petition is to order dtd. 30/01/2019, whereby the claim of the petitioner for continuance of two advance increments has been closed.

(2.) The petitioner has prayed for following reliefs:- Relief sought:

(3.) Facts of the case in the nutshell 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.4000.00 100-6000, 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 for continuance of the above two advance increments, which has been disposed by the respondent No. 3 vide order dtd. 30/1/2019 giving the reference of order dtd. 28/12/2018 passed by Law Department. Hence, this petition has been filed by the petitioner seeking following reliefs:-