CWP No.3376 of 1988 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 3376 of 1988 Date of Decision: 16 - 12 – 2008 Rajender Singh Pundhir ....Petitioner v. The Secretary of the Haryana State ....Respondent Electricity Board, Shakti Bhawan CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: None for the parties. *** KANWALJIT SINGH AHLUWALIA (ORAL) The present writ petition has been filed by one Rajinder Singh Pundhir who was employed as Junior Engineer in the office of Executive, Sub Urban Division, Haryana State Electricity Board at Sonepat. He has prayed that respondent – Haryana State Electricity Board should grant increments to him with effect from 9.4.1976 in the pay scale revised from time to time. Case of the petitioner is that he was appointed on 9.4.1973 in the pay scale of Rs.200-10-280-15-430-20-450/-. Therefore, basic pay of the petitioner in April, 1973 was Rs.200/- and on 9.4.1975 he became entitled to two consecutive annual increments. It has been further stated that petitioner continued to draw salary in the basic pay of Rs.220/- as on CWP No.3376 of 1988 [2] 1976 as he was granted second increment on 9.4.1975 and 9.4.1976. It has been further averred in the petition that there was no order of punishment awarded against the petitioner on account of any misconduct. It has been further averred in the writ petition that petitioner was transferred from Pehowa to the office of Operation Division, Kaithal on 22.6.1976. Therefore, instead of Rs.220/- which included two increments for the years 1974 and 1975, his basic pay was taken as Rs.200/- as there was mistake in sending his last pay certificate from Operation Division, Pehowa to Kaithal. It has been stated that subsequently pay scale was revised from time to time and prayer of the petitioner for inclusion two increments, which had accrued to him and were not noticed in the last pay certificate which was issued on transfer. It has been averred that denial of these two increments earned by the petitioner on the part of the respondent is illegal, arbitrary and mala fide and cannot be justified. Notice was issued by this Court on 8.11.1988. No reply has been filed by the Haryana State Electricity Board to controvert the averments made in the writ petition. Therefore, there is no other option except to accept the prayer of the petitioner that on joining of service in the year 1973, he became entitled to two increments of Rs.10/- each on 9.4.1975 and 9.4.1976 and and his basic pay on 9.4.1976 was Rs.220/-. Therefore, in the last pay certificate on transfer from Pehowa to Kaithal, the basic pay of the petitioner required inclusion of two increments and he is entitled to salary after counting these two increments in the last pay certificate. Therefore, petitioner is entitled to the arrears of pay which shall be restricted to 38 months from filing of writ petition. The arrears be paid to the petitioner within three months from the date of receipt of certified copy CWP No.3376 of 1988 [3] of this order. Writ petition stands disposed off. ( KANWALJIT SINGH AHLUWALIA ) December 16, 2008. JUDGE RC