CIVIL WRIT PETITION NO. 10352 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CIVIL WRIT PETITION NO. 10352 of 2010 DATE OF DECISION: NOVEMBER 19, 2010 Ajit Kumar .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE RANJIT SINGH. PRESENT: Mr. Rajesh Arora, Advocate, for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. The petitioner was awarded two additional increments on the basis of instructions dated 8.12.200 issued by the respondents, on the ground of passing M.Phil Examination. The petitioner avers that he has qualified M.Phil Examination on 12.6.2001. He joined the post of Lecturer on 19.12.2001 and accordingly, was rightly granted these two additional increments. The respondents now seek to withdraw the same and instead have passed an order allowing these two annual increments with effect from the date he has possessed the degree of M.Phil, which is taken as 30.9.2002. The issue thus, is whether the date of passing the CIVIL WRIT PETITION NO. 10352 of 2010 -2- M.Phil Examination is relevant or the date when the degree was issued. Learned counsel for the petitioner has drawn my attention to an earlier order passed in CWP No.5379 of 2010, which is as under:- “Concededly the petitioner has passed M.Phil on 25.11.1999. He joined the services on 18.8.2004. As per the instructions, he is entitled to an increment from the date he has possessed degree of M.Phil. The petitioner has been denied this increment and has been allowed the increment from 2005 only on the ground that he had obtained the degree in the year 2005. This may not be fair approach on the part of the respondents. Once the respondents have formulated a policy to grant an increment to those who have possessed qualification of M.Phil and Ph.d. It is the date of passing the examination which would be relevant and not the date when degree is somehow obtained. Since the petitioner has qualified M.Phil degree in the year 1999, he would be entitled to increment from the date of his appointment i.e. 18.8.2004. The action in declining the prayer by the respondents cannot be held justified. The same is therefore, quashed.” Following the same course, it is held that the CIVIL WRIT PETITION NO. 10352 of 2010 -3- petitioner shall be entitled to the increments from the date of his appointment as he had passed the M.Phil Examination on 12.6.2001. The impugned orders dated 8.3.2010 (Annexure P- 10) and dated 11.5.2010(Annexure P-14) are, therefore, quashed and the writ petition is allowed. November 19, 2010 ( RANJIT SINGH ) monika JUDGE