THE HON’BLE Ms. JUSTICE G. ROHINI Writ Petition No. 16645 of 1999 Dated: 09.06.2010 Between: Dr. M.Harinath Babu, Visakhapatnam … Petitioner And The Chairman, Visakhapatnam Port Trust, Visakhapatnam. … Respondents HON’BLE MS. JUSTICE G.ROHINI WRIT PTITION No. 16645 of 1999 O R D E R : This writ petition is filed aggrieved by the action of the respondent- Visakhapatnam Port Trust in rejecting the petitioner’s claim for grant of four advance increments on completion of M.S. in Ophthalmology. It is stated that the petitioner had joined the respondent-organisation as Medical Officer on 16.02.1985 and while in service, he acquired M.S. degree in Opthalmology from Andhra Medical College, Visakhapatnam having been sanctioned study leave. Thereafter, the petitioner applied for grant of four advance increments on par with the similarly situated persons, who acquired degree/diploma qualifications. The respondent by proceedings dated 03.11.1998 informed the petitioner that it was not possible to grant the advance increments or lumpsum incentive payment. Aggrieved by the same, the present writ petition has been filed. In the counter affidavit filed on behalf of the respondent, the fact that the petitioner had acquired the postgraduation in M.S. Opthalmology has not been disputed. However, it is stated that the Government of India had revised the pay and allowances of Class-1 and Class-II Officers of the Major Port Trust and Dock Labour Boards, which was communicated to the respondent vide letter of the Ministry of Surface Transport dated 19.03.1996. As per the said order, the incentive in the form of additional increments for acquiring professional qualifications while in service may be sanctioned as per the practice in vogue. Though as on the date of the order dated 19.03.1996 the Medical Officers of the respondent-organisation, who acquired post graduate degree in medical profession were entitled to two to four additional increments from the date of acquiring of such qualifications, the said practice was discontinued with effect from 14.01.1998. As the petitioner had acquired the qualification of M.S. only in February 1998, his claim for sanction of four advance increments was rejected. So far as the other persons who were granted the advance increments are concerned, it is explained in the counter affidavit that the four persons namely Dr.E.Janakiramaiah, Dr. K.S.Prakasa Rao and Dr. G.Bala Parameswara Rao were granted two advance increments for acquiring P.G. diploma in Public Health and Indsutrial Health and Anesthasia respectively and Dr. K.Naga Apparao was granted four advance increments for acquiring M.s. Opthalmology and the said increments were granted to them prior to the receipt of the Government orders communicated through the Ministry of Surface Transport by letter dated 14.01.1998. On receipt of the above said order, the grant of advance increments was discontinued to the Medical Officers who acquired P.G. degree/diploma qualifications. Having heard the learned counsel for both parties and having regard to the admitted fact that the petitioner had acquired the qualification of M.S. in February 1998, i.e. after the discontinuance of the practice of payment of incentives in the form of additional increment for acquiring professional qualification, I am unable to hold that the impugned action of the respondents in rejecting the petitioner’s claim for the said incentive is either arbitrary or illegal. Hence, the writ petition, which is devoid of any merit, is hereby dismissed. No costs. _____________ G.ROHINI,J Date: 09.06.2010 KLP