IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.: 7850 of 2011. Decided on: 22.09.2011. ______________________________________________ Ashwani Kumkar. … Petitioner. Versus The State of Himachal Pradesh and another. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, C.J. The Hon’ble Mr. Justice Rajiv Sharma, J. For the petitioner : Ms. Archana Dutt, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General with Mr. J.K. Verma, Deputy Advocate General. Justice Kurian Joseph, C.J. (Oral): The petitioner is aggrieved since he is denied the benefit of sterilization increment on account of the fact that the sterilization was done during his temporary/ad hoc service. This Court has already held in CWP No.1161 of 2010, titled as Balibhader vs. State of H.P. and others, decided on 26.7.2010 that the object sought to be achieved is the birth control and this could be achieved even when the sterilization is done while in temporary/ad hoc service or regular service. In that view of the matter, the petitioner is entitled for the increment on account of sterilization. The objection that the same was done only when he - 2 - was on ad hoc service, shall not be a valid ground. In case any recovery has been made from the petitioner on account of the above objection, the same shall be reimbursed to him, within a period of three months from the date of production of a copy of this judgment alongwith a copy of the writ petition by the petitioner before the second respondent. 2. The writ petition is disposed of, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. September 22, 2011. (sck/hl).