IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.13997 of 2009 Date of Decision : March 08, 2010. Gurmit Singh .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.R.K.Arora, Advocate, for the petitioner. Mr.B.S.Chahal, DAG, Punjab. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner seeks a mandamus to direct the respondents to release his retiral benefits on the basis of his pay fixed as on 22.8.1978 and consequential revisions till he retired on superannuation w.e.f. 28.2.2007.. The petitioner was appointed as S.S.Master on adhoc basis on 17.11.1973. His services were regularised w.e.f. 1.4.1977. One of his junior, namely, Ajit Singh was appointed on adhoc basis on 6.8.1974, though his services were also regularized alongwith the petitioner on 1.4.1977. The petitioner at a later stage, alleged that there was anomaly in his pay and sought its re-fixation at par with his above-named junior- Ajit Singh. His claim was accepted by the State Government vide order dated 12.6.2007 (Annexure P-9), which reads as follows:- C.W.P.No .13997 of 2009 2 “Sh.Gurmit Singh, S.S.Master (Retired), Government Senior Secondary School, Nada, District SAS Nagar, joined the department on 17.11.1973 on adhoc basis and his services were regularized w.e.f. 1.4.1977. Sh.Ajit Singh, Science Master, G.S.S.S. Gharuan, District SAS Nagar, joined the department on 6.8.1974 on adhoc basis and his services were regularized w.e.f. 1.4.1977. Sh.Ajit Singh, Science Master acquired M.S. (higher qualification) with third divison on 22.8.1978 and accordingly by granting him two advance increments w.e.f. 22.8.1978, his pay was fixed at Rs.750/-. Sh.Gurmit Singh, S.S.Master acquired higher qualification of M.A. (higher qualification) with third division prior to his date of regular appointment. Sh.Gurmit Singh is senior to Sh. Ajit Singh, Science Master. Therefore, the pay of Sh.Gurmit Singh, SS Master is entitled to be stepped up equivalent to his junior Sh.Ajit Singh, Science Master w.e.f. 22.8.1978 in terms of the Government Instructions issued vide letter dated 1/70/96-3E/22115-16 dated 28.10.1998. Since Sh.Gurmit Singh, S.S.Master had participated in the strike on 8.2.1978, therefore, his pay is entitled to be fixed minus one increment at Rs.725/-. Therefore, the sanction is accorded for fixation of pay of Sh.Gurmit Singh, SS Master at Rs.725/- on 20.8.1978.” The petitioner, meanwhile, has retired from service on superannuation. When the Education Department sent the pension case, the Accountant General (A & E), Punjab, is said to have raised an objection against stepping-up of the petitioner's pay in terms of the State Government order, reproduced above. The Accountant General, Punjab, C.W.P.No .13997 of 2009 3 appears to have objected on the plea that approval of the Finance Department has not been obtained before sanction. Resultantly, the pensionary benefits have not been released to the petitioner, promoting him to approach this Court. Upon notice of motion, the respondents have filed their reply- affidavit which clearly suggests that no fault has been found with the stepping-up of the pay of the petitioner vide the Government order dated 12.6.2007 (Annexure P-9). If the Department, on verification of the facts, is of the view that there was an anomaly in pay fixation which has been rightly removed, I am of the considered view that the Accountant General (A&E), Punjab, cannot raise any objection against the release of the consequential retiral benefits to the petitioner. The writ petition is accordingly allowed with a direction to the respondents to release all the retiral benefits to the petitioner taking into consideration his stepped-up pay in terms of the State Government order dated 12.6.2007 (Annexure P-9). The arrears shall be released to the petitioner within a period of three months from the date of receiving a certified copy of this order, failing which the petitioner shall be entitled to claim interest @ 7% per annum. Dasti. March 08, 2010 (SURYA KANT) Mohinder JUDGE