HARBHAGWAN SAWHNEY Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THIS appeal, is directed, against the judgment and decree, dated 28.02.05, rendered by the Court of Civil Judge (Senior Division), Faridabad, vide which, it dismissed me suit of the plaintiff, and, the judgment and decree, dated 13.09.06, rendered by the Court of Additional District Judge (I), Faridabad, vide which, it dismissed, the appeal.

(2.) THE facts, in brief, are that, the plaintiff, joined the service of Haryana Government, on 20.05.49, as Clerk. It was stated that the Government of Haryana, framed a policy, that the employees, who had undergone sterilization operation, after having two or three surviving children, were entitled to special increment. In case of male employees, the age limit for the entitlement to special increment, was below 50 years, and in case of female employees, the age limit, was between 20 to 50 years. In pursuance thereto, the plaintiff, underwent sterilization operation, in Civil Hospital, Sonepat, on 18.03.76. It was further stated that the plaintiff, retired, as Superintendent, on 30.09.89. It was further stated that despite undergoing sterilization operation, on 18.03.76, as per the policy of the government, the claim of the plaintiff, for granting special increment, was rejected by the authorities concerned. The defendants, were many a time, asked to release the special increment, alongwith the consequential pensionary benefits, at the revised rates, but to no avail. Ultimately, a suit for declaration and mandatory injunction, was filed.

(3.) ON the pleadings of the parties, the following issues were struck: