CWP(T) No. 5369 of 2008 (OA No.2061/98 30.11.2009 Present: Mr. A.K. Gupta, counsel for the petitioner. Mr. R.K. Sharma, Sr. Addl. Advocate General with Mr. R.P. Singh, Assistant A.G. for respondents No.1, 3 and 4. Mr. A.K. Bansal, Advocate, for respondent No.2. This petition has been filed by the petitioner for a direction to the respondents to order grant of special increment to the petitioner w.e.f. 30.5.1981 when the services of the petitioner were taken over by the Government. It is the case of the petitioner that he had undergone sterilization operation on 28.1.1977 and Municipal Committee, Solan had granted one special increment to him in view of the policy prevalent at that time. The services of the petitioner were taken over by the Government on 30.5.1981 and thereafter the special increment which was granted to the petitioner on account of sterilization operation was stopped without any notice to him. The petitioner has retired as leading fireman in November, 1997. The respondent No.2 Secretary Municipal Committee/Council, Solan has filed reply and has stated that the petitioner had undergone family planning operation on 28.1.1977 and therefore, he was granted one special increment by the Municipal Committee/Council, Solan in accordance with the policy prevalent at that time. The further case of the petitioner is that the services of the petitioner were taken over by the Government with all assets and liabilities; therefore, the petitioner is entitled to the special increment as granted by the Municipal Committee/Council, Solan in view of the fact that the petitioner had undergone sterilization operation on 28.1.1977. The respondent No.4 has opposed the stand of the petitioner on the ground that as per Policy of Government special increment was granted to only those employees who had undergone the family planning operation between 20.5.1977 to 30.9.1981. The petitioner had undergone sterilization operation on 28.1.1977 and therefore, petitioner was not entitled to special increment. On 21.4.1999 learned Addl. Advocate General while appearing on behalf of respondents No.1,3 and 4 adopted the reply filed by respondents No.2,4. The learned counsel for the petitioner has stated that petitioner is claiming benefit of one increment from the date services of petitioner were taken over on 30.5.1981 till the retirement of petitioner in November, 1997. The amount involved is very small. The Municipal Committee/Council, Solan had granted one increment of Rs.4/- to the petitioner as per Policy prevalent at the relevant time when the special increment was granted to the petitioner. Therefore, the Policy of the Government that special increment would be granted to only those employees who had undergone the family planning operation between 20.5.1977 to 30.9.1981 is not applicable to the case of the petitioner in view of the fact that services of the petitioner were taken over by the Government with all assets and liabilities. In the facts and circumstances of the case, the petition is allowed. The respondents No.1 and 4 are directed to grant special increment to the petitioner for undergoing sterilization operation on 28.1.1977 from 30.5.1981 when his services were taken over by the Government. The arrears be paid to petitioner within a period of eight weeks from today. The petition stands disposed of on the above terms. CMP(T) No.935 of 2008 Infructuous. (Kuldip Singh), Judge November 30, 2009 (sks)