HARABHAJAN RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners are members of the Punjab Civil Medical Services. They are serving as Medical Officers and are all presently posted in District Gurdaspur. They earned their Post Graduate Degrees on various dates ranging from 1997 to 2001. In terms of the then extant policy instructions contained in the letter of October 27, 1993, issued by the Secretary, Health & Family Welfare, Punjab, those Medical Officers as of whom had completed their Post Graduate Degree/Diploma while in service were entitled to the benefit of six increments, all at once, by earning higher scales for higher qualifications earned during service. They were granted these six increments w.e.f. 1.01.1996 to 23.05.2001 relative to the dates when the petitioners qualified the PG Degree/Diploma examinations. Though the increments were fixed on paper but the monetary benefits stated to be accruing failed to percolate down to them in terms of money and the arrears of those increments have not been released so far. They claim the monetary element of these increments along with arrears thereof with interest @12% per annum. It transpires that by letter dated December 26, 2013, the arrears with respect to the PG Degree increments have been stopped w.e.f. 01.06.2012. They impugn the letter dated December 26, 2013 as illegal, null and void, arbitrary and discriminatory and one which has been issued with mala fide intention. They refer to an order dated June 23, 2000 where the State Government informed respondent No.2 that the matter regarding advance increments given to government doctors on the basis of the letter dated October 27, 1993 is under consideration before the Implementation Committee and its decision is awaited.

(2.) IT is then averred that some similarly situated Medical Officers filed CWP No.6437 of 2001 and this Court quashed the order of reduction of pay and withdrawal of increments and a direction was issued to decide the matter in accordance with law after observing the principles of natural justice and after offering hearing. The recoveries were ordered to be reimbursed.

(3.) IN the reply filed by the State, it is mentioned that the order would be applicable from January 01, 1996 and prior to this, the PCMS Doctors who joined on regular basis would be receiving benefits as per the earlier orders. It is mentioned that one PCMS Doctor who had earned his Post Graduation Degree in July 1999 feeling aggrieved by non -release of the six PG increments w.e.f. July 1999 approached the Civil Court which decreed the suit. The State appeal failed before the District Judge and these orders were upheld up to the Supreme Court. Then the case of another Dr. Ravinder Kumar Kohli is cited, who also obtained a similar decree from the civil court, was appealed against by the respondent -State in Regular Second Appeal in this Court bearing No.3037 of 2004. The same was dismissed on February 27, 2006 and the plaintiff was held entitled to the benefit of annual grade increments for his Post Graduate Degree and the arrears were ordered to be paid with 12% interest. The State still feeling dissatisfied, filed an SLP in the Supreme Court which was dismissed on July 17, 2006. Ultimately, Dr. Kohli was allowed six PG increments by the Government by the letter dated November 16, 2006, which information the petitioner has received under the RTI Act. Several other writ petitions were also filed in this Court bearing numbers CWP No.13112 of 2007 and CWP No.17156 of 2008. CWP No.17156 of 2008 was decided on July 01, 2009.