IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 8002 of 2008. Decided on: 26.2.2011. ___________________________________________________________ Dilu Ram … Petitioner. Versus State of Himachal Pradesh and another. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Surinder Sharma, Advocate. For the respondents : Mr. J.S. Guleria, Asstt. A.G. ___________________________________________________________ Justice V.K. Sharma, Judge (Oral). The petition has been filed on the following prayers vide para No. 7 (i) & (ii):- “7 (i). That the impugned Annexure A-6 dated 22.11.2000 may be quashed and set aside. (ii). That the respondents may be directed to grant one advance increment to the applicant as per Annexure A-3 from due date and to pay arrears thereof alongwith interest @ 18% per annum.” 2. The respondents have taken the following stand vide paras 3 and 6 (vii) of the reply:- “3. That the present original application is not maintainable in the present form because of the fact that the applicant is claiming the benefit of increments on account of sterilization for the period when he was not a Govt. servant. As per policy of the Govt. this benefit is only admissible to Govt. servants. Hence, 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 the present application is liable to be dismissed. 6 (vii). That in reply to this para it is respectfully submitted that the scheme introduced by the State of Himachal Pradesh as is evident from the Annexure marked in the original application is only applicable to those who underwent sterilization operation while in service and is not applicable to those who were not Government servants. In the instant case the claim of the applicant is that he may be allowed the benefit of sterilization for the period when he was not a Govt. servant. It is further submitted that the Govt. of Himachal Pradesh vide office memorandum dated 10.1.1986 has issued clarifications with regard to the introduction of incentive among State Government employees for promoting the small family norms sand clarified various points on the admissibility of the benefit to be granted under this scheme to the Govt. employees. The copy of the office memorandum dated 10th January, 1986 is marked as Annexure-RI and it specifically clarifies that those Government servants who had undergone sterilization operation before joining the Govt. service are not entitled to the grant of special increment. The point number 9 has been answered as NO as is evident from the Annexure-RI. Be it further submitted that this scheme is only applicable to those Govt. employees who underwent sterilization operation while in service and the case of the applicant is that he may be granted the benefit of incentive prior to the joining the Govt. service which is not admissible under the scheme. Hence the 3 present original application being devoid of any merit is liable to be dismissed.” 3. In view of the above reply, in case the petitioner still has any surviving grievance, he may make a representation supported by documents along with copy of this judgment to the respondents/competent authority within a month from today who shall consider and decide the same by a speaking order in accordance with law within further two months after affording an opportunity of being heard to the petitioner, if so desired. 4. The petition stands disposed of in the above terms, so also pending application(s), if any. (V.K. Sharma) Judge. February 26, 2011. (cr)