CIVIL WRIT PETITION NO. 757 of 1991 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CIVIL WRIT PETITION NO.757 of 1991 DATE OF DECISION: AUGUST 9, 2011 Tarlochan Singh ….Petitioner VERSUS State of Punjab and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Ms. Alka Chatrath, Avocate, for the petitioner. Ms. Ambika Luthra, AAG, Punjab, for the State. **** RANJIT SINGH, J. The petitioner, who was working as Lecturer in Government Senior Secondary School, Chohla Sahib, Distt. Amritsar, has filed this writ petition seeking quashing of the order (Annexure P- 5) passed by the Circle Education Officer, Jalandhar (respondent No.3) withdrawing the benefit of increments granted to him for having served in Army during emergency and refixing his salary and thereafter, directing recovery. The petitioner, accordingly, has impugned order (Annexure P-5) being contrary to the rules and instructions issued by the Punjab Government, which had also been interpreted by the Hon’ble Supreme Court. Circle Education Officer, Jalandhar, had issued direction for refixing pay of the petitioner 1 CIVIL WRIT PETITION NO. 757 of 1991 through communication dated 23.8.1990. The petitioner, accordingly, has challenged the same through the present writ petition. When the writ petition came up for hearing after issuance of notice of motion on 9.7.1991, it was observed that another Civil Writ Petition No.625 of 1990 involving same issue and between the same parties had been admitted. This writ petition, accordingly, was admitted and directed to be heard along Civil Writ Petition No.625 of 1990. On an observation made by the Court, record of Civil Writ Petition No.625 of 1990 has been called and perused. Civil Writ Petition No.625 of 1990 was disposed of with the bunch in terms of order passed in another Civil Writ Petition No.1185 of 1993. All these writ petitions, where the petitioners had been denied the benefit of military service, were allowed by observing that the benefit had been denied on a wholly irrelevant ground. Once the claim made by the petitioner in CWP No.625 of 1990 for counting his service for grant of increment by taking into account the military service rendered by him has been allowed, the order of withdrawal of increments or any recovery on account thereof certainly cannot be sustained. This was the reason for which the present writ petition was ordered to be heard along with Civil Writ Petition No.625 of 1990. Somehow this could not be done. The present writ petition, therefore, has to be allowed in view of the orders passed in Civil Writ Petition No.1185 of 1993. The recovery or withdrawal of increments as ordered through 2 CIVIL WRIT PETITION NO. 757 of 1991 Annexure P-5, is set aside. August 09, 2011 (RANJIT SINGH) monika JUDGE 3