IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2187 of 2007 Date of Decision: 11.1.2008 Raj Bala and another Petitioner Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Shri H.P.S.Bhinder, Advocate for the petitioners Shri Harish Rathee, Sr.DAG Haryana for the respondents Jasbir Singh, J. (Oral) By filing this writ petition, the petitioners have impugned the order dated 29.11.2005 (Annexure P/16), vide which, their prayer for grant of one additional increment, was declined. The petitioners are serving in the Education Department on the post of Science and Mathematic Mistress. It is their case that as per government instructions dated 24.10.1990 (Annexure P/10), a government servant, who secured first/second/third position in a sports tournament of national/ international importance, is entitled to get one additional increment. By making reference to certificates (Annexures P/1 to P/8), showing their achievements in sports tournaments organized by Master Athletic Federation of India (in short the Federation), counsel for the petitioner argued that above said benefit has wrongly been declined to them. Civil Writ Petition No.2187 of 2007 In response to notice issued by this Court, reply has been filed wherein it has been stated that sports events organized by the Federation are not recognized by the State of Haryana to extend benefits under the instructions (Annexure P/10). Taking note of the controversy involved, on 13.12.2007, we passed the following order:- “Mr.Rathee is directed to file an affidavit of the Director, Sports, Haryana, as to whether sports events conducted by National Masters Athletic Championship were recognized by the State of Haryana or not and if recognized, w.e.f. which date?” In response to order passed by us, as referred to above, Shri Rathee has put on record affidavit of Shri Rajender Pal Singh, Deputy Director, Education Haryana, Chandigarh, in which it has been stated that as per information received from the office of Director, Youth and Sports, Department Haryana, the sports events, in which the petitioners participated are not recognized by the State of Haryana to give any benefit as envisaged in instructions referred to above. Counsel for the petitioners has failed to show us to the contrary. He has only contended that to similarly situated teachers, benefit of additional increment was given by the respondents, as such, the petitioners are also entitled to get the same relief. Argument raised is liable to be rejected. In the impugned order, it is specifically mentioned that benefit, which was earlier extended to one teacher, stood withdrawn. Counsel for the petitioners by showing some documents has tried to impress upon us that now the State of Haryana has recognized the sports events, organized by the Federation, to give benefit under the instructions, referred to above. Be that as it may, disputed question of facts 2 Civil Writ Petition No.2187 of 2007 are involved, which cannot be decided by this Court while exercising extra ordinary jurisdiction under Articles 226/227 of the Constitution of India. Dismissed. (Jasbir Singh) Judge January 11, 2008 (Jaswant Singh) gk Judge 3