C.W.P No. 3649 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 3649 of 2011 Date of Decision 01 .03.2011 Dr. Vijay Asdhir Petitioner versus State of Punjab and another Respondents CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Rajiv Narain Raina, Senior Advocate with Mr.R.K.Sharma, Advocate, for the petitioner. *** PERMOD KOHLI, J. (ORAL) Notice of motion. Ms.Charu Tuli, Senior Deputy Advocate General,Punjab, has been asked to accept notice on behalf of the respondents. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself. The petitioner joined as Lecturer in Commerce in Government College, Bathinda on 21.9.1976. The petitioner was retired on 31.7.2005 on attaining the age of superannuation from S.C.D.Government College, Ludhiana. Petitioner passed the examination of Ph.D.degree on 16.11.1981 (Annexure P-2). No advance increment to the petitioner on acquiring the Ph.D. Degree was granted by the Government as at that time advance increments were not granted. In terms of the Government instructions dated 22.1.2003 (Annexure P-4) advance increments are to be allowed to C.W.P No. 3649 of 2011 2 those teachers who had acquired Ph.D. qualification on or before 1.1.1996. Since the petitioner acquired Ph.D. degree prior to 1.1.1996, he is eligibe to claim for two advance increments. Since these increments were not granted to the petitioner, he served a legal notice dated 18.10.2010 (Anneuxre P-5). Said legal notice remained undecided till date. The petitioner has placed reliance on a Division Bench judgment in LPA No. 38 of 2006 decided on 17.3.2008. Mr. Raina submits that the petitioner would be satisfied if the competent authority is directed to decide the legal notice dated 18.10.2010 (Annexure P-5) In view of the above, the competent authority is directed to decide the legal notice dated 18.10.2010 (Annexure P-5) of the petitioner within a period of three months from the date of receipt of copy of this order. In the event, claim of the petitioner is to be rejected, the same shall be a reasoned and speaking order. (PERMOD KOHLI) 01.03.2011. JUDGE Anoop