CWP No.2633 of 1990 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2633 of 1990 DATE OF DECISION: February 25, 2010 DARSHAN LAL KANSAL ...PETITIONER VERSUS THE STATE OF PUNJAB AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: NONE FOR THE PETITIONER. MR.O.P.DABLA, DAG, PUNJAB. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner has prayed that directions be issued o the respondents to grant him one premature increment w.e.f. 8.2.1978, as he did not participate in the strike observed by the Punjab Government employees on 8.2.1978 and further to release the benefits of refixation of salary and payment of arrears, etc. as permissible under the law. The petitioner was working as Drawing Teacher under respondent No.3. He was suspended on 15.3.1976, by respondent No.3 as his name figured in FIR No.24/75 under Section 420, 467 and 471 IPC. The petitioner was reinstated vide letter dated 11.1.1979, by respondent No.3 as the petitioner was not challaned by the Police in the aforementioned FIR. The suspension period of the petitioner was considered as period on duty for the purpose of pension, leave, gratuity and pay vide Annexure P-4. On 8.2.1978, a large number of Punjab Government employees CWP No.2633 of 1990 -2- went on a general strike claiming higher pay etc. The Punjab Government decided to give one premature increment to those employees who did not go on strike and did not grant any increment to the employees who went on strike. The case of the respondents is that as the petitioner had remained suspended, therefore, he is not entitled to any premature increment. A perusal of Annexure P-4 shows that the petitioner was exonerated vide order dated 11.1.1979, and his suspension period was considered as duty period for the purpose of pension, leave, gratuity and pay etc. As the petitioner was under suspension on 8.2.1978, therefore, it cannot be said that he was on strike on that day. The Punjab Government vide letter dated 16.6.1978 (Annexure P-5) decided to grant one premature increment w.e.f. 8.2.1978, to all those non-gazetted Punjab Government staff who did not participate in the general strike on 8.2.1978. As the petitioner was under suspension and had not participated in the strike and the petitioner had been exonerated and his suspension period was treated as duty period, therefore, he was also entitled to be granted one premature increment w.e.f. 8.2.1978. In view of the above, I allow the writ petition and direct the respondent to grant the petitioner one premature increment w.e.f. 8.2.1978. The petitioner shall also be entitled to all consequential benefits, i.e. arrears of pay, etc. February 25, 2010 (ASHUTOSH MOHUNTA) Gulati JUDGE