CWP (T) No.7805 of 2008 07.05.2009 Present: Mr. Ashwani Kumar Sharma, Advocate for the petitioner. Mr. R.K. Sharma, Senior Additional Advocate General with Mr. Rajinder Dogra, Additional Advocate General and Mr. Vikas Rathore, Deputy Advocate General for the respondents. The petitioner was appointed as junior Basic Teacher on 3.5.1954. He had passed his Prabhakar Examination on 18.1.1957. He was entitled to increment on the basis of Notifications issued by the respondent-State. It is true that initially the time frame for acquiring the higher qualification was between 13.12.1958 to 27.9.1979 for grant of increment. However, this time frame was diluted vide communication dated 8.3.1989, whereby a conscious decision has been taken by the State to grant increments to those teachers also who were in possession of higher qualification at the time of their initial appointment. The case of the petitioner should have been considered by the respondent-State on the basis of communication dated 8.3.1989. The respondent-State instead of redressing the grievance of the petitioner has taken a very hyper technical view of delay and laches in their reply. It is not a case where the rights of third party have been intervened. Accordingly, the writ petition is allowed. The respondents are directed to consider the case of petitioner afresh in view of the communication dated 8.3.1989 within a period of six weeks from today. No costs. (Rajiv Sharma), J. May 07, 2009. (rkv)