CWP No.985 of 1990 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.985 of 1990 (O&M) Date of decision: 05.02.2010 Dr. Vinod Kumar Goel and others ............Petitioners Versus The State of Haryana and another ..........Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Ranjit Saini, Advocate for the petitioners. Mr. Deepak Girotra, AAG, Haryana. ALOK SINGH, J. 1. This writ petition has been filed by the petitioners/Doctors seeking writ of mandamus commanding the respondents to grant benefit of two advance increments to the petitioners/Doctors with effect from the date of their initial appointments in Class-II HCMS service. 2. The brief facts of the present petition are that CWP No.985 of 1990 (O&M) -2- Government of Haryana vide Annexure P-2 dated 20.5.1982 directed to grant two advance increments to those Doctors who joined Government Services in Class-II after doing Post- Graduation of not less than 2 years duration as per details given in the erstwhile Punjab Health Department letter No.3925-IHB-I- 63/11555, dated 5.3.1962 at the time of their initial appointments. 3. Learned Counsel for the petitioners argued that petitioners have already been granted advance increments w.e.f. 9.2.1989 but it should have been granted from the date of their initial appointments as per Annexure P-2. 4. Mr. Deepak Girotra, AAG, Haryana appearing for the respondents while placing reliance on Annexures R-I and R-II argued that increments could have been granted w.e.f. 9.2.1989 and not from the date of their initial appointments since earlier Government order dated 20.5.1982 stood withdrawn w.e.f. 3.3.1988 (Annexure P-7). 5. I have heard learned Counsel for the parties and perused the record. 6. The relevant para of Annexure R-I reads as under:- “It has been decided that doctors who possess higher qualifications of Post- Grduation degree of duration of two years at the time of entry into HCMS-II service may be granted two increments. One advance increment may be given to those doctors who possess postgraduate CWP No.985 of 1990 (O&M) -3- diploma of one year duration at the time of entry into HCMS-II service.” 7. Learned Counsel for the respondents argued that Annexure P-2 is only for those Doctors who improved their qualification and not for the Doctors who have already achieved two years Post Graduation degree of not less than two years duration at the time of their joining. I have examined Annexure P-2 carefully. Para 2(i) speaks about those Doctors who have done two years Post Graduation degree of not less than two years duration at the time of their joining in Class-II Government Services as Doctors while para 2 (ii) speaks about those Doctors who acquired Post Graduate degree of not less than two years duration after joining the Government Services. 8. Learned Counsel for the respondents could not show me any material by which Government order dated 20.5.1982 (Annexure P-2) has been withdrawn as far as it speaks about payment of two advance increments at the time of initial appointments to those Doctors who joined Class-II Government Services after doing Post Graduation of not less than two years duration. Undisputedly all the petitioners are Post Graduate of not less than two years duration before joining the Government Services as Doctors in Class-II. 9. Writ petition is allowed. Writ of mandamus is issued commanding the respondents to issue two advance increments to the petitioners, who were having Post Graduation degree of not less than two years duration at the time of joining CWP No.985 of 1990 (O&M) -4- Government Services as Doctors in Class- II as per Annexure P-2 and to release the arrears within two months from the date of production of a certified copy before the authorities concerned. ( ALOK SINGH ) 05.02.2010 JUDGE ashish