CWP No.4525 of 2008 (O&M) :1: In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 03.07.2009 Smt.Reshna Kumari ... Petitioner Versus State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Dharam Pal, Advocate,for the petitioner. Mr.SS Gill, D.A.G., Punjab, for the respondents. PERMOD KOHLI, J. (Oral): The petitioner has filed this C.M wherein a prayer is made for correction in the name of the petitioner. It is stated that due to typographical error, the name of the petitioner has been mentioned as “Reshma Kumari” whereas her correct name is “Reshna Kumari”. Prayer is allowed. The counsel for the petitioner is directed to correct the name of the petitioner in the open Court. Correction has been carried out. By another C.M the prayer is made for placing on record the rejoinder to the written statement filed by the respondents. Application is allowed. Rejoinder is taken on record. Copy given to the counsel opposite. The office is directed to register the applications aforesaid. I have heard the learned counsel for the parties at length. The petitioner has challenged the order dated 01.11.2007, Annexure P-5, whereby the date of Annual Increment has been extended from 01.07.1991 to 25.09.1992 by excluding the period of leave without pay and her pay has been refixed. CWP No.4525 of 2008 (O&M) :2: The petitioner was working as ANM. She was deputed for training of Nursing Sister Grade-A vide order dated 29.6.1999, Annexure P- 1. The period of training was from 30.6.1990 to 29.06.1992 i.e. two years. The petitioner successfully completed the training. The period of training was treated as leave in the following manner:- “i) 30.6.90 to 5.10.90 = 98 days full leave ii) 6.10.90 to 7.4.91 =180 days Half Pay Leave iii) 8.4.91 to 29.6.92 =455 days leave Without Pay” On the basis of the aforesaid decision of the respondent,the pay of the petitioner has been refixed vide Annexure P-5 by postponing the date of Annual Increment from 01.07.1991 to 25.09.1992. The petitioner has filed the present writ petition seeking the following relief: “A writ in the nature of Certiorari, mandamus or any other appropriate writ order or direction thereby quashing the order Annexure P-5 dated 1.11.2007 of refixation of pay of the petitioner w.e.f. 1.7.91 and further directing the respondents to grant the petitioner benefit of study leave and consequential monetary benefits of the period of her training of nursing grade-A from 30.6.1990 to 29.6.1992.” It is contended on behalf of the petitioner that the period of CWP No.4525 of 2008 (O&M) :3: training is to be treated as study leave in terms of the statutory rules framed by the respondents and the petitioner is also entitled to the benefit of increment for the said period. Reliance is placed upon rules 4.9, 8.126 of the Punjab Civil Services Rules, Vol. 1 Part.1 which, inter alia, reads as under:- “Punjab Civil Services Rules Vol.1 Part 1: Rule 4.9. The following provisions prescribe the conditions on which service counts for increments in a time scale:- (a) All duty in a post on a time scale counts for increment in that time scale, provided that, for the purpose of arriving at the date of next increment in that time scale, the total of all such periodd as do not count for increment in that time scale shall be added to the normal date of increment. Note:1: See also clause ( e) of this rule. Note: 2: In the case of a Government employee who, while officiating in a post, proceeds on training or to attend a course of instruction and who is treated as on duty while under training, these periods of such duty will count for increment in the post in which he was officiating prior to his being sent for training or instruction for which he is allowed the pay of the officiating post during CWP No.4525 of 2008 (O&M) :4: such period. Rule 8.126. Leave may be granted to Government Employees on such terms as may be prescribed by general or special orders of the competent authority to enable them to study scientific, technical or similar problems or to undergo special courses of instruction. Such leave is not debited against the leave account. Study leave Rule, 1963, Rule 21. Counting of study leave for promotion pension, seniority, leave and increments:- Study leave shall count as service for promotion, pension and seniority. It shall also count as service for increments as provided in rule 4.9 of Punjab Civil Services Rules, Vol.1, Part-1. (2) The [period spent on study leave shall not count for earning leave, other than half pay leave under rule 8.110 of Punjab Civil Services Rules, Vol.1 Part-1.” It is further contended that similarly situated Nurses were deputed for undergoing training Course and their period for study leave was also treated as leave without pay. They approached this Court through various writ petitions and this Court allowed those writ petitions and held CWP No.4525 of 2008 (O&M) :5: that the period of training is to be treated as study leave to give financial benefits. Reference is made to a Division Bench judgment of this Court passed in CWP N.4239 of 2006. This writ petition was disposed of on the basis of the earlier judgment passed in CWP No.2121 of 1995 decided on 20.5.2006 wherein direction was given for payment of the financial benefits of the training period by treating the same as study leave. The State respondent in the reply filed has tried to justify the action on the solitary ground that the petitioner was granted leave without pay and, thus, the study period cannot be counted for grant of increment. This contention is totally contrary to the statutory rules i.e. Rules 4.9 and 8.126 of the Punjab Civil Services Rules, Vol. Part-1, which, inter alia, clearly entitles the petitioner for the increment during the period of training by treating the same as study leave. Apart from that, the petitioner's case is also squarely covered by a Division Bench judgment of this Court referred to above wherein this Court has directed that period of training is to be treated as study leave and the employee is entitled to the financial benefits. In view of the above circumstances, this petition is allowed. Order dated 01.11.2007, Annexure P-5, to the extent it directs of refixing the pay of the petitioner by postponing the annual grade increment from 01.07.1991 to 25.09.1992,is hereby quashed and it is held that the petitioner shall be entitled to benefit of the Annual Grade Increment during the period of training with effect from 20.6.1990 to 29.06.1992, The said period shall also be treated as study leave for all practical purpose and the petitioner shall be entitled to all consequential benefits by treating the said period as study leave. Let the pay of the petitioner shall be fixed in accordance with CWP No.4525 of 2008 (O&M) :6: the directions contained herein-above. The petitioner shall also be entitled to all monetary benefits emanating therefrom. 03.07.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? YES/ NO