LAL SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) This writ petition, in our considered view, can be disposed of at the stage of motion hearing as the some of the facts are not disputed before us.

(2.) The petitioners who are J.B.T. Teachers acquired higher qualifications on different dates as given in Annexure P-1. They were, admittedly, promoted as Head Teachers/Central Head Teachers which posts involved higher responsibilities than the posts of J.B.T. Teachers. In view of the acquisition of higher qualifications, the petitioners by way of this writ petition have claimed one increment in accordance with Rule 4. 4(a)(i) of the Punjab Civil Services Rules (Vol.1) Part I. In similar circumstances a single Bench of this Court in Dev Raj Sehgal v. State of Punjab and others,1995 2 SLR 672 granted an additional increment to JBT Teachers who were similarly circumstanced. The learned Single Judge in Dev Raj Sehgal had drawn support from the ratio of law laid down by another Single Bench in Lekh Raj Khera v. State of Punjab,1986 3 SLR 410. We have been informed that the decision given in Lekh Raj Khera's case was affirmed by the Division Bench in Letters Patent Appeal. The present case is squarely covered by the decision given in the aforementioned cases. We agree with the reasoning given therein. Following the decision given in Dev Raj Sehgal's case and Lekh Raj Khera's case we allow the writ petition and quash the order Annexure P-9 and hold that the petitioners entitled to the grant of one additional increment. No costs.