CWP(T) No. 5227 of 2008 23.6.2010 Present: Mr. R. P. Singh, Advocate, for the petitioner. Mr. R.K. Sharma, Senior Additional Advocate General with Mr. R. M. Bisht, Dy. A.G. for the respondents/State. In the supplementary affidavit the respondents/State have stated as under: “1. That the above titled original application is pending before this Hon’ble Tribunal at Shimla for grant of proficiency increments after completion of 8 years and 18 years of continuous service on the same post and the same is pending for final disposal. 2. That the O.A. was listed before this Hon’ble Tribunal on 21.3.2005, when the Hon’ble Tribunal was pleased to pass the order with direction to respondents to do the needful with regard to grant of proficiency increments after completion of 8 years and 18 years of continuous service on the same post within the period of three months from the date of order and the case will be listed on 27.6.2005. That the matter was listed on 27.6.2005 as well as on 1.7.2005 when in the absence of compliance of affidavit the same is further adjourned to 14.7.2005. 3. That in behalf of it is submitted that respondents/state of H.P. took efficacious steps for verification of various non-duty period of the applicant from other offices and there after the D.P.C. was held on 25.6.2005. In this regard it is further submitted that after careful consideration of the instructions as circulated by the Finance Department, it is found that there are pending vigilance cases against the applicant and in the light of these cases the proficiency increments are not admissible at this stage till the decision of these pending vigilance cases. -2- However, the recommendation of the D.P.C. is also annexed as Annexure-A for the kind perusal of this Hon’ble Court. Keeping in view of above submissions the present Original Application has become infructuous hence the same may kindly be dismissed in jute interest of justice.” 2. Keeping in view the stand taken by the respondents/State no other and further orders are required to be passed save and except that if there is no legal impediment, the increments of proficiency step up be released to the petitioner in accordance with law. Needful be positively done within a period of eight weeks from the date of receipt of the certified copy of the order. Petition stands disposed of. Dasti copy. (Sanjay Karol), Judge. June 23, 2010 (PK)