IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 628 of 1999(O&M) Date of Decision: 22.2.2010. Jagrup Singh --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. V.K. Jindal, Advocate for the petitioner. Mr. R.S. Kundu, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) Petitioner initially joined in the Haryana Police as constable on 1.3.1967. He continued working up to 21.7.1969. Thereafter, he was appointed in the Railway Police. Petitioner was again appointed in Haryana Police w.e.f. 16.3.1970. Petitioner is a sports person particularly in the game of Wrestling and claims to have won various Gold Medals and other Medals in national and international competitions. He has been participating in such competitions right from 1970. On the basis of his continuous achievements in the sports and length of service, he was promoted to the post of D.S.P, earning various promotions from time to time. The State Govt. issued circular dated 24.10.1990 for granting benefits to the Govt. servants who participated in sports events at national or international level. Besides other benefits the circular also provides for grant of increments for achieving excellence in national and international events. The petitioner claims the benefit of the additional increments on the basis of the aforesaid Govt. circular. However, his claim has been denied CWP. No. 628 of 1999(O&M) -2- on the ground that the benefit is not available to the sports persons, who have secured the excellence in national and international events prior to 24.10.1990. One Pyare Lal, who was working as Sub Inspector filed CWP No. 324 of 1995 claiming the benefit under the aforesaid circular, though, he had achieved the excellence in sports prior to that. The said writ petition was disposed of with the direction to the respondents to determine the number of increments payable to him. The said judgement has been affirmed by the Hon'ble Supreme Court in SLP vide order dated 10.7.1996. The petitioner made a number of representations claiming the benefit on the same terms. He, thereafter, filed CWP No. 11773 of 1998. This writ petition was, however, disposed of vide order dated 29.7.1998 with a direction to the respondents to pass an order on the issue of grant of special increment to the petitioner keeping in view the judgement of Pyare Lal's case. Consequent upon the aforesaid direction, the respondents passed the impugned order (Annexure P-19) denying the benefit to the petitioner on the ground that all his achievements are prior to the date of circular. It is this order which is under challenge in the present petition. It has been agreed to by learned counsel for the parties that the controversy in this petition has been settled by this Court in RSA No. 3686 of 2001 decided on 19.8.2005. This judgement was passed on the basis of Division Bench judgement passed in Pyare Lal's case. Following directions were issued in the aforesaid judgement:- “ We, accordingly, answer the question posted above in the negative. We hold that the State Govt. cannot deny the benefit of special increments to persons who have achieved the prescribed distinctions prior to October 24, 1990.” CWP. No. 628 of 1999(O&M) -3- In view of the above, the petitioner is entitled to the benefit of the additional increments in accordance with the stipulation contained in circular dated 24.10.1990. This petition is, accordingly, allowed. Respondents are directed to calculate the increments payable to the petitioner in accordance with the aforesaid direction within a period of three months and the benefit be released in favour of the petitioner immediately thereafter. Resultantly, the petitioner's pensionary benefits shall be redetermined on the basis of the additional increments granted to him. (PERMOD KOHLI) JUDGE 22.2.2010. lucky