WP(C) 996/2008 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI Heard Sri A.Sarma, learned counsel for the petitioner and Sri BJ Ghosh, learned Government Advocate, Assam. This Writ Petition has been filed for enforcement of an order dated 23.02.2005pa ssed by the Disciplinary Authority of the petitioner in so far as payment of inc rement(s) due to the petitioner is concerned. The relevant facts may now be noticed: The petitioner, who at the relevant time, was working as a Lower Division Assist ant in the Office of the Deputy Registrar of Cooperative Societies, Sibsagar, wa s ordered to be reduced in rank as a measure of punishment following a departmen tal proceeding held against the petitioner. This was in the year 1998. Aggrieved , the petitioner challenged the aforesaid punishment by instituting a Civil Rule registered and numbered as C.R. No.5293 of 1998. The said writ proceeding was d isposed of by this Court on 23,.11,2004 by interfering with the punishment and b y requiring the Disciplinary Authority of the petitioner to impose any other pu nishment.For the purpose of the present case, the Court is not required to go in to the grounds and reasons for which the order of the Court was passed in the af oresaid Civil Rule. Pursuant to the aforesaid order of the Court, a fresh order dated 23/25.2.2005 h ad been passed by the Disciplinary Authority by which the petitioner had been ma de liable to pay the misappropriated amount of Rs. 1,05,043.20 in 40 equal insta lments to be recovered from his monthly pay. Furthermore, by the aforesaid order dated 23/25.2.2005 stoppage of two increments without cumulative effect was ord ered to be imposed with the direction that all other increments due to the petit ioner be released. As the said increments had not been released including the ar rear amount that will be due to the petitioner, the present Writ Petition has be en filed seeking the reliefs earlier noticed. The learned counsel for the petitioner has been categorical in his submission th at the petitioner does not question the legality of the order of recovery or the stoppage of two increments and that the only prayer in the writ petition is fo r a direction to the Respondents to pay the increments due to him including all arrear amounts, as ordered by the Registrar of Cooperative Societies, Assam by the order dated 23/25-2-2005. The Additional Registrar of Cooperative Societies, Assam, filed an affidavit in the case wherein in respect of the above issue raised by the writ petitioner, th e reply has been to the effect that the jurisdictional Deputy Registrar of Coope rative Societies had been asked and reminded to implement the said direction of the Registrar. What, therefore, is noticeable is the absence of any opposition on the part of the Respondents in so far as the entitlement of the petitioner to the increments and arrear in terms of the order dated 23/25-2-2005 is concerne d. In the above facts, the order that this Writ Petition calls for is inevitable. The increments due to the petitioner effective from the due date(s) shall be pai d to him forthwith and in any case within a period of three months from today. T he Court has also noticed that without the said increments the petitioner is tak ing home a paltry amount of about Rs.3,000/- per month. On consideration of the said facts, the Court had already directed that until the increments due to the petitioner are paid, recovery should not be made from his salary. In the facts o f the case, the Court directs that the aforesaid interim order will continue to hold the field for a period of three months within which period the incremental benefit including the arrear amount accrued shall be paid to the petitioner. Writ Petition, consequently, is disposed of in terms of the above.