LAWS(P&H)-2009-7-167

JAGMOHAN SINGH Vs. STATE OF PUNJAB

Decided On July 01, 2009
Dr. Jagmohan Singh and Ors. Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) THE Petitioners are working as Medical Officers and posted at different places as indicated in the cause title of the writ petition. They completed their Post Graduation in different disciplines between the years 1997 to 1999 with the prior permission and consent of the State Government - the employer. The State Government had issued instructions, dated 8th October, 1993 whereunder the doctors having additional/higher qualification, were given the benefit of additional increments in the following manner:

(2.) PETITIONERS were conferred the benefit of six additional increments with effect from the dates indicated hereinbelow:

(3.) PARAGRAPH 3 of the aforesaid circular further provides that this circular will be applicable with effect from 1st January, 1996 and prior to this, the PCMS - -1 doctors who joined on regular basis will receive the benefit as per earlier orders. It seems that on the basis of the new circular, the Respondents sought to withdraw the increments earlier granted to the Petitioners and effect recovery. The Petitioners made representations to the Respondents against their action of re -fixation and recovery. In the meantime, the Petitioners filed Civil Writ Petition No. 6437 of 2001 (Dr. Rimpy Purewal and Ors. v. State of Punjab and Ors.) which came to be disposed of by this Court, - - vide order dated 28th October, 2002 whereby orders of reduction of pay were quashed. Simultaneously, the Respondents were directed to decide the matter in accordance with law after observing principles of natural justice. It was further directed that the amount if any recovered from the Petitioners, shall be reimbursed.