HEM RAJ NEHRTU Vs. UNION OF INDIA

JUDGEMENT

(1.) Applicant, Shri Hem Raj Nehrtu, has come to this Tribunal pleading that he was appointed as E.D.D.A. w.e.f. 20.3.1978. He under -went Sterilisation operation on 22 -12 -87 and promoted as Postman w.e.f. 16.9.1990. Claims that he approached the respondent authorities number of times for grant of special increment available on account of small family norms, but he was told that case for grant of increments to EDDA is under. active consideration and outcome of the same would be intimated to him. Claims that no decision was conveyed to him and special increment and arrears to other persons have already been paid in 1998.

(2.) Applicant made a representation dated 12.5.98 (A -2) which has been rejected by the respondents vide Annexure A -3, dt. 22.5.1998, on the . grounds that temporary employees are not entitled to special increments for under -going Sterilisation operation. Claims that the respondents have mis -read and mis -understood the provisions of the Government instructions. He has prayed for quashing the impugned order, Annexure A -2 and to declare that instructions dt. 15.3.95, are not applicable to EDD As, by correct interpretation and direct the respondents to pay special increment to the applicant w.e.f. 22 -12 -87 i.e. date of undergoing the sterilization operation and arrears thereof, with interest @ 18% p.a.

(3.) Respondents have filed their reply opposing the claim of the applicant on the grounds that applicant was only an EDDA and has undergone the said operation before he was made regular. They claim that applicant was not a Government Servant at the time when he was operated upon and therefore, he is not entitled to special increment. Applicant does not wish to file any rejoinder. We have heard learned counsel for the parties and perused material on record.