C.W.P No.1754 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No.1754 of 2011 Date of Decision 31.1.2011 Lekh Ram Petitioner versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.M.K.Dogra, Advocate for the petitioner. *** PERMOD KOHLI, J. (ORAL) Notice of motion. Ms. Charu Tuli, Senior Deputy Advocate General,Punjab, has been asked to accept notice on behalf of the respondents. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself. The petitioner had been working as Carpenter under respondent No.3 and retired on 30.9.2005, on attaining the age of superannuation. His initial appointment on work charge basis was made by respondent No.2, in accordance with Rule 10.8 of the 'Departmental Financial Rules. While working at the Ranjit Sagar Dam Project, the petitioner has been working in very tough and hazardous conditions, in fact putting his life at danger. A number of employees of the Project lost their life at the Project site. Due to those tough working conditions, the petitioner was granted 10 special increments. C.W.P No.1754 of 2011 2 Special increments and the retrenchment increments and the pay of certain other employees were re-fixed with consequential order of recovery. A number of employees approached this Court in Bunch of petitions, including Civil Writ Petition No. 5568 of 2008. This writ petition was disposed of vide order dated 27.5.2009 and respondents were held not entitled to effect recovery except to re-fix the emoluments after reducing the special increments. The judgment aforesaid was challenged by the writ petitioners in L.P.A.No.1161 of 2009. The Hon'ble Division Bench vide judgment dated 8th September, 2010 allowed the LPA and returned back the benefits of special increment which was refused by the writ Court. The petitioner is similarly situated. In view of the above, this petition is allowed in terms of the order dated 27.5.2009 in Civil Writ Petition No. 5568 of 2008 as modified by the judgment dated 8th September, 2010 passed in LPA No. 1161 of 2009. (PERMOD KOHLI) 31.1.2011. JUDGE Anoop