In the High Court of Punjab and Haryana at Chandigarh CWP No. 1644 of 2008 (O&M) Date of decision:14.7.2008 Raj Kumar and others ......Petitioners Versus State of Punjab and others .......Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.R.K.Chopra, Sr.Advocate with Ms.Maninder, Advocate, for the petitioners. Mr.P.C.Goyal, Sr.DAG, Punjab. **** JUDGMENT M.M.KUMAR, J. The prayer made in the instant petition is for issuance of directions for quashing of memo dated 18.10.2007 (Annexure P-3) issued by respondent No.2 withdrawing the benefit of one increment of higher responsibility given to the petitioners at the time of their promotion from the cadre of Classical and Vernacular teachers to that of Masters cadre. The further prayer for issuance of directions to the respondents has also been made for restraining them from withdrawing the benefit of one increment of higher responsibility given to the petitioners on their promotion. During the pendency of the petition, an application bearing C.M.No.12437 of 2008 has also CWP No. 1644 of 2008 -2- been filed for issuance of interim directions restraining the respondents from effecting recovery from the petitioners. When the matter came up for consideration learned State counsel has drawn our attention to the directions issued by this Court in the case of one Smt.Tripta Devi in CWP No.1401 of 2002 decided on 23.1.2003. The controversy seems to be similar as the one in hand. Accordingly, it has been submitted by learned State counsel that the petition may be disposed of in terms of order passed in CWP No.1401 of 2002 on 23.1.2003. Mr.R.K.Chopra, learned senior counsel for the petitioners, states that a perusal of the order dated 8.4.2005 (Annexure P-4) would show that the claim made by Smt.Tripta Devi was accepted by respondent No.2 and all the benefits arising on account of release of one increment of higher responsibility were given to her. After hearing learned counsel for the parties, we are of the view that the matter can be disposed of in terms of order dated 23.1.2003 passed by this Court in CWP No.1401 of 2002. There also on the promotion of Hindi teacher to that of Hindi mistress one increment of higher responsibility was granted, which was sought to be recovered. This Court while placing reliance on CWP No.18393 of 1998 decided on 25.7.2000 has issued directions to the respondents to pass a speaking order by keeping in view the above said judgment rendered by this Court. In view of above, the writ petition is disposed of with a CWP No. 1644 of 2008 -3- direction to the respondents to pass a speaking order by keeping in view the judgments of this Court rendered in CWP Nos.1401 of 2002 decided on 23.1.2003 and 18393 of 1998, decided on 25.7.2000. The needful shall be done by the respondents within a period of two months from the date of receipt of a certified copy of this order. Petition stands disposed of in the above terms. (M.M.KUMAR) JUDGE (SABINA) JUDGE July 14, 2008 anita