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2009 Supreme(SC) 1985

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
State of Haryana – Appellant
Versus
Dharam Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Manjit Singh, AAG with Mr. T.V. George Advocate.
For the Respondent:Mr. Balbir Singh Gupta, Advocate.

JUDGMENT :

Arijit Pasayat, J.

Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court allowing the writ petition filed by the respondents. The High Court relied on an earlier decision rendered by it in Civil Writ Petition No. 15157 of 1998.

3. In support of the appeal learned counsel for the appellant submitted that the directions given by the High Court to consider the case of the respondents for grant of one increment on account of promotion to the next higher rank has no legal basis. It is pointed out that the respondents claim was for promotional increments. The writ petitioners claimed promotional increments on the basis that they were working as J.B.T. teachers and were promoted to the post of Headmaster on the basis of seniority-cum-merit. They have already received the same higher pay scale of the Headmaster as a personal measure, prior to being promoted and without performing the dues of higher responsibility at that stage. Strong reliance was placed on a decision of this Court in State of Haryana and Anr. v. Partap Singh and Ors., (2006(10) SCC 251).

4. The ratio in that decision is as follows :

    "The respondents

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