RAJ KUMARI Vs. STATE OF H P

JUDGEMENT

(1.) This petition has been directed against the respondents to give benefit of one increment w.e.f 1.9.1976 to petitioner for undergoing sterilization operation in view of the policy, quashing of Annexure A-8 dated 15.3.1988 withholding medial allowance w.e.f. April, 1988, quashing of recovery on account of payment of medical allowance w.e.f. 8.10.1969 to 15.3.1988 at the rate of Rs.10/- per month on the basis of Annexure A-8, refund of Rs.899/- and Rs.850/- to petitioner alongwith interest at the rate of 18% per annum.

(2.) The case of the petitioner is that she was appointed as Trained Graduate Teacher on 8.10.1969 and her initial appointment was at Govt. Middle School, Paisa, Dehra. She had undergone sterilization operation on 24.8.1976. As per office memorandum dated 8.12.1981, Annexure A-2 the employees who had undergone sterilization operation after 2 or 3 children are entitled to one increment in the form of personal pay w.e.f. the month following the date of sterilization. The benefit of one increment was allowed to all the employees irrespective of any specific period, when an employee had undergone such operation. The communication dated 1.9.1984 Annexure A-3 issued by respondent No.2 provides that an employee is entitled to one special increment under the family welfare programme in case the said employee had got himself/herself operated between 19.7.1976 and 19.5.1977. The petitioner had undergone sterilization operation on 24.8.1976, therefore, she is entitled to the benefit of communication dated 1.9.1984 and she is entitled to one special increment on account of sterilization operation.

(3.) The petitioner had submitted repeated representations to the respondents for grant of one special increment w.e.f. 1.9.1976. The petitioner even served a notice dated 20.10.1993 Annexure A-4. The respondent No.2 thereafter issued directions vide Annexure A-5 to respondent No.5 for releasing the benefit to petitioner within 15 days.