C.W.P. No. 10773 of 1990 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 10773 of 1990 Date of Decision: July 12,2010 Sh. Jaswant Singh Cheema .................................................. Petitioner Versus The State of Punjab and others ...................................... Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Present: Mr. Vipin Mahajan, Advocate for the petitioner. Mr. Rajesh Bhardwaj, Addl. A.G. Punjab. ... ASHUTOSH MOHUNTA, J. (Oral) The petitioner has prayed that the respondents be directed to fix his pay in the revised pay scale in pursuance to the notification dated 2.6.1989 after adding the increments of the service rendered by the petitioner from the year 1981 to 1985. Briefly the facts of the case are that the petitioner joined as Sub Divisional Engineer in the Public Health Department on 7.11.1977. The petitioner completed his two years probation period and was allowed the next annual increment in the scale of Rs. 400-1100 with effect from 1.11.1978. It is the case of the petitioner that he is entitled for usual annual increment as Sub Divisional Engineer in pursuance to Rule 15 of the Punjab C.W.P. No. 10773 of 1990 [ 2 ] Service of Engineers, Class-II, P.W.D. (Public Health) Rules, 1966, which is reproduced as under:- “15 Departmental Examination – (1) officers appointed to the service unless they have already done, so, shall pass a departmental examination within three years of their appointment; Provided that Government, may for any sufficient cause, extend the period within which any member is required to pass the departmental examination. (2)If an officer fails to pass the departmental examination within the prescribed period or within the extended period, if any, he shall not earn his future grade increments till such time as he passes it when the increments shall be released retrospectively; Provided that he shall not be entitled to get any arrears of the released grade increments for the period during which he could not pass the examination. Note: The increment of the officer to whom extension is granted beyond 3 years period for passing the departmental examination shall be withheld without cumulative effect for failure to pass the departmental examination.” Learned counsel submits that the petitioner cleared the departmental examination in the year 1985 and, therefore, in terms of Rule 15 Sub Rule 2 he is entitled to be given his notional increments for pay fixation without arrears from the year 1981 i.e. the year when the increments became due to him. C.W.P. No. 10773 of 1990 [ 3 ] Reply has been filed on behalf of the respondents wherein the Government in paras 13 and 20 of their reply has averred as follows:- “13. Denied. After the petitioner passed Departmental Professional Examination in July 1985 he was granted annual increments upto the date i.e. 1.1.82, retrospectively. Thereafter, because of pending disciplinary proceedings on account of charge sheet so served upon him under Rule 8(5)(a) by Punjab Govt. vide letter No. BRI(2)-83 dated 4/83 on account of very serious charges of embezzlement and misappropriation of Govt. funds and for want of sanction of his leave for the periods mentioned in para 8 supra which the petitioner availed without obtaining sanction from the competent authority, is not entitled for being granted further increments. 20.Denied being incorrect The two major cases which are coming in way of the petitioner in getting his pay fixed in the revised scale w.e.f. 1.1.86 are his suspension from the service vide Punjab Govt. order No. 11665 dated 16.12.82, subsequent issuance of charge sheet under rule 8(5)(a) of Punjab Civil Punishment and Appeal Rules 1970 vide Punjab Govt. letter No. BRI(2)-83 dated 4/83 and availing of leave without obtaining sanction from the competent authorities for the period from 5.5.84 to 17.5.84, 7.9.84 to 17.10.84, 18.10.84 to 31.1.85, 7.5.86 to 23.5.86, 1.6.86 to 13.7.86 and 1.10.86 to 3.11.86. During these periods, the petitioner did not work under respondent No.3 in any capacity whatsoever. His allegations of biased attitude C.W.P. No. 10773 of 1990 [ 4 ] against respondent No.3 are therefore proved wrong and baseless on this account alone. Here again the petitioner has totally misquoted the facts before this Hon'ble Court and levelled such allegations against respondent No.3 which are false and baseless.” Counsel for the State submits that as the petitioner had cleared his departmental examination in the year 1985, therefore, he is not entitled to be granted increments from the year 1981 and further that as disciplinary proceedings were pending against the petitioner for certain serious charges, hence, on this account also the petitioner is not entitled to any increment. Rule 15(2) of the Punjab Service of Engineers, Class-II, P.W.D. (Public Health) Rules, 1966 clearly stipulates that if an officer fails to pass the departmental examination within the prescribed period then he shall not earn his future grade increment till such time he passes it and thereafter he would be released the increments retrospectively. However, he shall not be entitled to arrears of the released grade increments for the period during which he could not pass the examination. In the present case, the increment became due to the petitioner on 1.1.1981. However, by this date the petitioner had not cleared the departmental examination. He cleared the departmental examination in July 1985. Thus, although the petitioner would be entitled to be given the increments with effect from 1.1.1981 retrospectively, however, he would not be entitled to any arrears. In view of the above, this writ petition is allowed. Directions are issued to the respondents to fix the pay of the petitioner after releasing the increments from 1.1.1981 to July 1985 notionally and without arrears. C.W.P. No. 10773 of 1990 [ 5 ] As a result of the aforementioned exercise, the pay of the petitioner is directed to be re-fixed in the revised grades accordingly. 12.7.2010 ( ASHUTOSH MOHUNTA ) Rupi JUDGE