THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA W.P.No. 11384 of 2003 ORDER: The petitioner is aggrieved by the action of the third respondent in withdrawing the family planning increment vide order dated 19.06.1999 which has subsequently been confirmed by the second respondent vide order dated 31.01.2003. Briefly the facts of the case are that the petitioner joined the services of the A.P.S.R.T.C. as conductor on 27.12.1987 after due process of selection and his services were regularised with effect from 01.07.1988 and at the time of filing of the writ petition, the petitioner is working as typist in the second respondent office. While so, the wife of the petitioner viz., Smt Jhansi Rani underwent tubectomy family planning operation after being blessed with a third child on 28.02.1997. The petitioner informed the same to the respondent- corporation and claimed family planning increment in terms of Clause 1 of Circular No.PD-56/1984-85 dated 14.09.1984. The petitioner also informed the respondent-corporation that his wife is working in the B.C. Welfare Department and is not entitled to family planning increment as she has got three children and therefore, Clause 7 of the circular dated 14.09.1984 would not be applicable to him. After considering the case of the petitioner, he was granted one special increment in the form of personal pay with effect from 1.03.1997. The respondents however, on coming to know that the wife of the petitioner is also Governing Servant working in the B.C. Welfare Department and was entitled to incentive under the family planning scheme ordered to stop the family planning increment and passed orders for recovery of arrears from 01.03.1997 to February, 1999 in 24 equal instalments. Counsel for the petitioner submits that the impugned order passed by the Depot Manager, Bhainsa if fully illegal as his wife although a Government servant and working with the B.C. Welfare Department was not entitled to any benefit under the family planning incentive scheme as she had three children. As per clause 7 of the Circular dated 14.09.1984 an employee of the Corporation who underwent the sterilisation operation would be entitled to the family planning incentive scheme only if the person had two or less children. It has been argued by the leaned counsel for the petitioner that as the petitioner and his wife had three children his wife was not entitled to any incentive in the Government Department where she was working and therefore Clause 7 of the Circular dated 14.09.1984 would not be applicable to the case of the petitioner. Counter has been filed on behalf of the respondents wherein it has been averred that the wife of the petitioner has not claimed incentive increment on the ground that her husband has received the said increment from the respondent-Corporation. It has further been averred that as per para 7 of G.O.Ms.No.521 (Health, Medical and Family Welfare (02) Department) dated 25.12.1995 only those employees whose spouse undergone family planning operation and are having two or less children are entitled to be given a special increment. Heard the learned counsel at length. A perusal of Clause 7 of Circular dated 14.09.1984 it is clear that an employee of the Corporation who has undergone sterilisation operation would be entitled to the family planning incentive. A perusal of the counter filed by the respondents shows that only those employees who are having two or less children would be entitled to receive the benefit of family planning incentive scheme. In the case of the petitioner as the wife of the petitioner had more than three children she was not entitled to claim any benefit of the incentive scheme. However, as per clause 1 of the Circular dated 14.09.1984 clearly stipulates that all employees of the Corporation who themselves are the spouse have undergone sterilisation operation after having 2 or 3 surviving children are entitled to increment. That as per the aforementioned Circular even if the petitioner has three children he would be entitled to the benefit of one special increment in the form of personal pay in terms of the circular dated 14.09.1984. Apart from the above, a perusal of the counter filed by the respondents it is clear that the wife of the petitioner has not claimed any benefit from the B.C. Welfare Department where she was working. In view of the above, the respondents clearly erred in passing the impugned order dated 19.06.1999 vide which the family planning increment was stopped and recovery was ordered. It is held that the case of the petitioner squarely covered by the Circular dated 14.09/1984 and he would be entitled to one special increment in the form of personal pay. Resultantly, the order dated 19.06.1999 is quashed and the petitioner is held entitled to the family planning incentive increment. The writ petition is accordingly allowed. No costs. ______________________ ASHUTOSH MOHUNTA, J Date: 21-09-2011. lvl All the employees of the Corporation who themselves or their spouse undergo sterilisation operation after having 2 or 3 surviving children are entitled to one special increment in the form of personal pay. Clause 7 reads as under: When the spouse of an employee of the Corporation has undergone sterilisation operation, while working else where there is a Family Planning incentive scheme in operation, the employee of the Corporation shall not be allowed the incentive increment…..” THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA W.P.No. 11384 of 2003 Dt. 21.09.2011