P. C. WADHWA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Briefly, the case of the petitioner is that he having passed the Master of Arts Examination appeared in the I.P.S. competitive examination in 1951, and was selected therein. He was allocated to the I.P.S. Cadre of the erstwhile Punjab State in 1952. On reorganisation of the State in 1966, he was allocated to the State of Haryana. In June, 1974, he passed the LL.B. Examination and thus improved his qualification.

(2.) It is averred that the Haryana Government issued instructions on 20th June, 1977, copy Annexure P 1, wherein it is provided that personal pay shall be granted to all the employees belonging to class II and class III services who improve their qualifications after joining Government service, if the qualification(s) so acquired from a recognized University is/are higher than the minimum qualifications prescribed for the post on which they were recruited at the time of entry into Government service, in accordance with the scales and conditions laid down therein. In the letter containing those instructions, it is further stated that the officers who improve the qualifications by obtaining Law degree or Post-Graduate degree would be entitled to two increments. On July 26, 1978, the Government issued clarifications vide letter Annexure P 2 wherein it is inter alia stated that even if an officer reaches the maximum of his pay scale, he will be entitled to the benefit of Annexure P 1. Later, the Government issued another letter dated 23rd Oct. 1978, copy Annexure P 3, providing that Class I Officers of the State service would be entitled to the benefit of letter, Annexure P I, read with letter, Annexure P 2.

(3.) It is further stated by the petitioner that the minimum qualification for appearing in the I.P.S. Examination was B.A., degree and that by virtue of the abovesaid instructions, read with R. 2(b) of the All India Services (Conditions of Service Residuary Matters) Rules, 1960, hereinafter referred to as the Rules, he became entitled to two increments in terms of the letter dated 20th June, 1977. He has consequently prayed that the respondent be directed to give him two increments as personal pay for improving his qualifications during the service.