CHETAN SARUP JOSHI Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) The three petitioners, who are working as Superintendents in the Directorate of Health Services, Punjab, were granted a premature increment w.e.f. February 8, 1978 for not participating in the strike of the employees. Vide order dated November 12, 1982, the Government of Punjab in the Department of Personnel and Administrative Reforms decided that the Superintendents of 'B' Class offices, which had been upgraded to 'A' class offices vide orders dated February 23, 1977, but on whom gazetted status was to be conferred after making necessary amendment in the relevant service rules were not entitled to the grant of a premature increment for not participating in the strike of February 8, 1978. In pursuance to this order, the Director Health Service issued an order dated December 28, 1982 ordering the withdrawal of the increment w.e.f. February 8, 1978. Copies of these orders have been placed on record as Annexures P.7 and P.5 respectively. Aggrieved by these orders, the petitioners have filed the present writ petition.

(2.) The Motion Bench vide its order of July 21, 1983 had stayed the recovery during the pendency of the petition.

(3.) A written statement has been filed on behalf of the respondents by Sh. Prithpal Singh, Deputy Director. It has been inter alia averred that "the post of Superintendent Grade-I of this Directorate, which was upgraded from 'B' class to 'A' class vide Govt. letter No. 10649-2FR-76, dated February 23, 1977, are although non-gazetted but have been brought at par with the Superintendents of 'A' class offices for all intents and purposes except that they remained to be notified as Gazetted which is in the process of being done as the rules are being amended." It has been further averred that the premature increment was released to them, but it was withdrawn by the impugned order on account of the clarification given by the Chief Secretary to Government, Punjab.