IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 4525/2008(OA 1605/1997) Date of Decision: 18.05.2009. Rajinder Prashad. …..Petitioner. Versus State of H.P. & Another. ……Respondents. Coram: The Hon’ble Mr. Justice Sanjay Karol,J. Whether approved for reporting5? No. For the petitioner : Ms. Archana Dutt, Advocate, vice Mr. R.K. Gautam, Advocate. For the respondents : Mr. Vivek Thakur, Additional Advocate General. Sanjay Karol, J. (Oral) After the matter was heard for some time, learned vice counsel appearing for the petitioner fairly states that the petitioner would be entitled for increment only w.e.f. February, 1994, when he qualified the departmental examination. The respondents in the reply have reproduced the instructions regarding the grant of increment to the Kanungo which read as under: “No person shall be entitled to get the annual increment unless he qualifies the Kanungo examination and this increment will be allowed to the Kanungo candidate after their passing the examination and not from earlier date.” The respondents in the reply have admitted that the petitioner has cleared the departmental examination Whether the reporters of Local Papers are allowed to see the Judgment? : 2 : held in December, 1993 and the result was declared in February, 1994 (Annexure P-4/A). According to the petitioner, the increment was granted to him only w.e.f. May, 1994, therefore, there cannot be any recovery of the increment already disbursed to the petitioner. The petitioner has not received any amount prior to the date of clearance of his departmental examination. In the facts and circumstances, it is directed that only the amount of increment, disbursed prior to the passing of departmental examination, i.e., February, 1994, shall be recovered as thereafter petitioner is otherwise entitled to the same. It is clarified that if the petitioner has not received the amount of increment after February, 1994, the same shall be disbursed, in accordance with law, within a period of four months from today. The petition is disposed of. (Sanjay Karol) Judge. May 18th, 2009. Bhupender