Shyam Kumar Sharma And ORS. v. State Of Haryana Through Its Secy. To The Govt. And ORS.

2024:PHHC:007171

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Sr. No.204 CWP No.499 of 1998 Date of Decision: 19.01.2024 Shyam Kumar Sharma and others .... Petitioners

Versus

State of Haryana and another ... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

None for the petitioners Mr. Ravi Pratap Singh, DAG, Haryana with Mr. Rohit Arya, DAG, Haryana.

*** TRIBHUVAN DAHIYA, J. (ORAL) This petition has been filed seeking a writ of mandamus directing the respondents to grant the benefit of two/three additional increments on account of the petitioners' post-graduate qualifications from the dates of acquiring the same or from the dates of their joining service, in view of instructions of the Government dated 23.07.1957 and 01.09.1960.

2.

It is not disputed at Bar that the issue raised herein stands settled against the petitioners as per law laid down by the Supreme Court in State of Haryana and others v. Hem Lata Gupta and others, 2010(2) SCC 369, wherein it was held that after revision of pay scales for teachers, granting them new scales with effect from 01.12.1967, they could not claim benefit of the circular/memo dated 01.09.1960, as the same stood superseded by the revised pay scales notified. 3.

In view thereof, the petitioners' claim for grant of benefit of two/three additional increments on account of the post-graduate qualifications becomes unsustainable. Accordingly, the petition stands dismissed. (TRIBHUVAN DAHIYA) JUDGE 19.01.2024 Payal Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PAYAL 2024.01.22 12:49 I attest to the accuracy and authenticity of this order/judgment