IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1. CWP No. 14509 of 2008 Date of Decision: 30.4.2010. Radha Ballabh Sharma --Petitioner Versus State of Haryana and others --Respondents 2. CWP No. 15562 of 2008 Ashok Pandit & others --Petitioners Versus State of Haryana and others --Respondents 3. CWP No. 15450 of 2008 Ved Parkash & others --Petitioners Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Ravi Verma, Advocate for the petitioners. Mr. R.S. Kundu, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) The petitioners have challenged the validity of the Govt. Notification dated 22.8.2003 as also the order dated 22.11.2007 (Annexure P-3), in CWP No. 14509 of 2008 whereby the pay of the petitioners has been re-fixed and recovery ordered. The Circular dated 22.8.2003 impugned in these petitions was subject matter of challenge in CWP No. 18601 of 2006 and has been quashed by a Division Bench of this Court vide judgement dated 10.4.2008 titled as Om Parkash Vs. State of Haryana & others reported as 2008 (3) SCT 310 with the following observations:- CWP No. 14509 of 2008 -2- “ 16. So far as Annexure P-6, letter dated 22.8.2003 is concerned, the clause envisaging that the Govt. employee will get one increment for every three 'actual increments' earned by the employee in the present scale is against the spirit of Revised Pay Rules, 1998 and ACP Rules, 1998. If the word 'actual' is taken into account, in that case, the scheme will itself become redundant as no employee could earn more than ten increments in the present scale and granting increment up to 16th stage would render nugatory. Previous revision of pay scale was made in the year 1986. The original scheme explains the stages in the present scale and not the “actual” increment earned.” In view of the above position, these petitions are allowed. Impugned order Annexure P-3 re-fixing the pay of the petitioners and consequential recovery is hereby quashed. (PERMOD KOHLI) JUDGE 30.4.2010. lucky