RAJ KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Concededly the petitioner has passed M.Phil on 25.11.1999. He joined the services on 18.08.2004. As per the instructions issued, he is entitled to an increment from the date he has possessed degree of M. Phil. The petitioner has been denied this increment and has been allowed the increment from 2005 only on the ground that he had obtained the degree in the year 2005. This may not be fair approach on the part of the respondents. Once the respondents have formulated a policy to grant an increment to those who have possessed qualification of M.Phil and Ph.D. It is the date of passing the examination which would be relevant and not the date when degree is somehow obtained. Since the petitioner has qualified M.Phil degree in the year 1999, he would be entitled to increment from the date of his appointment i.e. 18.08.2004. The action in declining the prayer by the respondents cannot be held justified. The same is, therefore, quashed.

(2.) The present writ petition is allowed. The petitioner is held entitled to increment from the date he has joined the service as he was already possessing the qualification of M.Phil.