IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5522 of 2003 Date of decision: 25th October, 2010 Gurnam Singh … Petitioner Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Ms. Maninder Kaur, Advocate for Mr. Amit Chopra, Advocate for the petitioner. Ms. Sudeepti Sharma, Dy. Advocate General, Punjab for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present writ petition has been filed by a retired Mathematics teacher of the Education Department, Punjab. Grievance made in the writ petition is that the petitioner, having obtained the degree of post- graduation, was awarded two increments in the old pay-scale, whereas his junior, who obtained the degree of post-graduation later, was granted two increments in the higher pay-scale. Thus, it resulted into disparity and a junior started getting more salary than the petitioner. There is no dispute that this matter stands covered by the judgment (Annexure P-1) rendered by a Division Bench of this Court in Civil Writ Petition No.17005 of 1989 titled as ‘Rawail Singh and others v. State of Punjab and another’ decided on 1st March, 1995. Counsel for the State has submitted that case of the petitioner cannot be compared with that of Kulwant Singh, his junior, as Civil Writ Petition No.5522 of 2003 Kulwant Singh was granted one increment for not participating in the strike. Ms. Maninder Kaur, Advocate appearing for the petitioner, has contended that she will not urge to this Court that the benefit, which had accrued to Kulwant Singh because of his non-participation in the strike, be also extended to the petitioner. Learned counsel has stated that excluding the benefit granted to Kulwant Singh due to his non- participation in the strike, salary of the petitioner be made at par with that of Kulwant Singh, as both of them had obtained the degree of post- graduation in third division and were granted two increments. The only difference is that the petitioner was granted increments in the un-revised pay-scale and thus the rate of increments was less, whereas Kulwant Singh was granted increments in the revised pay-scale, where the rate of increment was higher. So far as this contention is concerned, it is covered by the ratio of law laid in the judgment (Annexure P-1). However, while calculating the pay-scales, the authorities shall deny the benefit to the petitioner, which had accrued to Kulwant Singh on account of his non- participation in the strike. The arrears of pay shall be restricted to a period of 38 months from the date of filing of the writ petition. [KANWALJIT SINGH AHLUWALIA] JUDGE October 25, 2010 rps 2