1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.2488/2005 Laxmi Chand Sharma vs. State Date of order : 24/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Satyavrat Sharma for the petitioner. Shri S.D. Khaspuria, Addl. Govt. Counsel for the State. ****** This writ petition has been filed by the petitioner assailing order of penalty dated 28.4.1998, the order dated 11.6.1998 by which his review petition was dismissed, the order dated 18.8.1999 by which his appeal filed against that order before Secretary, Local Bodies was dismissed and order dated 26.7.2002 by which his review petition filed before the His Excellency the Government of Rajsthan was dismissed. Petitioner was working with the respondents as Executive Engineer. He has been awarded penalty of stoppage of one grade increment without cumulative effect. Shri Satyavrat Sharma, learned counsel for the petitioner has assailed the orders on merits but looking to the nature of the alleged misconduct and the minor nature of penalty i.e. one grade increments without cumulative effect, I do not find any merit in this writ petition. However, the alternative submission of learned counsel for the petitioner is that since the penalty of stoppage of one grade increment without 2 cumulative effect was awarded on 28.4.1998, when the petitioner had been left with less than one year from retirement and even when he retired on 31.3.1999, the grade increment which was withheld was liable to be restored back on expiry of period of one year and since period of one year expired after his retirement, the effect of this penalty would be that it cannot be permanently withheld as it would tantamount to major penalty of one grade increment with cumulative effect. Learned counsel relied on the judgement of this Court in Naval Singh Verma vs. State of Raj. & Ors.-2009 WLC (Raj.) UC 140. In the result this writ petition is allowed in part. The respondents are directed to restore the withheld increment to the salary of the petitioner on the date of his retirement although on notional basis for the purpose of computation of his retiral benefits i.e. pension, gratuity etc. and pay the consequential benefits to the petitioner with interest @ 6% per annum. Compliance of the judgement be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/-