C.O.C.P. No. 239 of 2009 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No. 239 of 2009 (O&M) Date of Decision : October 28th, 2009 Dr. Nirmla Mittal ...... Petitioner Versus Rajan Gupta .... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. K.K.Garg, Advocate for the Petitioner. Mr. Dilbag Singh, AAG, Haryana. NAWAB SINGH J.(ORAL) By filing the present petition, contempt jurisdiction has been invoked in view of the order dated October 3rd, 2007 (Annexure P/1), passed by this Court in Civil Writ Petition No. 299 of 1995. For facilitation, the operative part of the order is as under:- “ In view of the afore-stated reasons, the writ petition is allowed, the circular letters reference whereof has been given above to the extent it disentitles the lecturers who have improved their qualifications by acquiring Ph.D. Or M.Phil before or after 1.1.1986 for increments is declared illegal being violative of article 14 of the Constitution of India and is struck down. The petitioner is entitled to be given three advance increments from the date of acquiring Ph.D. Qualification along with arrears. C.O.C.P. No. 239 of 2009 2 .. Since, the petitioner has retired from service, therefore, the respondents are directed to refix the pay of the petitioner and release the revised retiral benefits accordingly forthwith.” Upon notice, respondent has filed reply. Along with the reply, an order dated May Ist, 2009 has been placed on record as Annexure R/1 passed by Higher Education Department, Haryana. The said order reads as under :- “ In compliance with the judgment dated 3.10.2007 delivered in CWP No. 229 of 1995 – Dr. Nirmla Mittal V/s State of Haryana & Others, Dr. Nirmla Mittal is granted the benefit of 3 advance increments w.e.f. 1-4-1990 (the date of issuance of notification of acquiring Ph.D.)” In view of the above, no contempt is made out. Dismissed. (NAWAB SINGH) JUDGE October 28th ,2009 som