BRIJ MOHAN DATTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have approached this Court by way of filing the instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ of certiorari for quashing the order dtd. 18/2/2014 (Annexure P-3), passed by respondent No.3, whereby their claim for grant of additional increments on completion of 24/32 years of service as per the Assured Career Progression Scheme, 1998, has been rejected, with a further prayer to release the same with all consequential benefits.

(2.) Brief facts of the case, as have been pleaded in the petition, are that the petitioners joined the office of Municipal Corporation, Amritsar between the year 1969 to 1971 as Clerks and thereafter, they were promoted on 19/10/2004 and 20/10/2004 as Inspectors and they have retired from service on attaining the age of superannuation between the years 2005 to 2009. It is the case of the petitioners that they were entitled for the grant of additional increments on completion of 24/32 years of service in terms of Assured Career Progression Scheme (Annexure P-1) and since the said benefit was not granted to them while they were in service, petitioners No.1 to 6 served a legal notice dtd. 1/8/2013 upon the respondents for granting the said benefit and since no action was taken on the same, they approached this Court by filing a petition i.e. CWP No.24982 of 2013, which was disposed of vide order dtd. 14/11/2013, with a direction to the respondents to decide the claim of the petitioners by passing a speaking order, within a period of 02 months and in pursuance thereto, the claim of the petitioners have been rejected vide order dtd. 18/2/2014 (Annexure P-3), which is being impugned in the present writ petition.

(3.) The reasoning for rejecting the claim of the petitioners as have been given in the impugned order, reads as under:-