IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T)_No. 10039 of 2008 Decided on: 7.7.2011. __________________________________________________________ Karam Singh … Petitioner. Versus State of H.P & another. … Respondents. __________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner : Nemo. For the respondents : Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J.K. Verma, Dy.A.G. for the respondents. ___________________________________________________________ Justice Kurian Joseph, C.J. (Oral). CMP(T) No. 2531 of 2008 Allowed and disposed of. CWP(T) No. 10039 of 2008 The petition is filed with the following prayers:- “(a) That the applicant prays that he be given the benefit of two instalments in accordance with letter No. EDN-H(I)B(12)-2-91 dated 27th August 1999 on improvement of his qualification from July 1979 as Post Graduation Teacher from Trained Graduate Teacher. (b) That the arrears in pay i.e. difference between what would have been entitled due to the benefit of two increments and what was actually paid to the applicant as salary from July 1979 to till his retirement on 31st January 1995 and that is of 23 years and to the tune of Rs. 69,000/- alongwith interest @ 12% p.a. from entitlement of the arrears till its realization. (c) That in pension i.e. difference what would have been paid and drawn and actually entitlement for benefit for which the applicant is entitled from Ist February 1995 till the revised pension is not granted alongwith interest @ 12% p.a. from the date of entitlement till its realization. 2. In reply on behalf of the respondents, it is stated as follows, vide paras 6(iii):- “6(iii) That the contents of this sub-para are absolutely wrong hence emphatically denied. The benefits of 2/3 2 advance increments were admissible to the Trained Graduate Teachers who acquired the degree of M.A./M.Sc./M.Ed. after 01.11.1966 but before 19.02.1979, so far as the question of circulating the letter No. EDN- H(1)B(12)-2/91 dated 27th August 1999 vide Annex. A-I with the O.A. is concerned, it is respectfully submitted that there is clearly mentioned in the aforesaid letter that the benefit of 2/3 advance increments will only be admissible to those TGTs who have passed M.A/M.Sc./M.Ed. upto 19.02.1979. However the cases of those TGTs who have acquired the M.A./M.Sc./M.Ed. on 19.02.1979 but before 27.09.1979 were also invited from the field offices for the consideration ofo the competent authority and the same stood rejected by the competent authority i.e. the Government vide letter No. Shiksha-II-Kha(13)-13/86 dated 12.06.1991 and 12.12.1991 copy of the same is annexed as Anne. R.A, RB.” 3. There is no rejoinder. In case the petitioner still has any dispute as stated in the reply, it will be open to him to approach the 1st respondent, in which case the matter will be duly considered by the 1st respondent and appropriate action, in accordance with law, without discriminating the petitioner be taken within a period of four months. 5. The writ petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph) Chief Justice. (Justice V.K. Sharma) July 7, 2011. Judge. (cr/virender)