The instant writ petition is directed against the order dated 28/05/1996 (Ann.3) passed by the respondents whereby, the petitioner has been denied the benefit of notional pay fixation.

2) The facts of the case, briefly stated, are that petitioner was appointed as Conductor with the Rajasthan State Road Transport Corporation on 01/08/1975. His services were terminated on 17/10/1978 on the charge that he had not issued tickets even though payment had been collected from three passengers. He challenged the order of termination before the Labour Court. The Labour Court vide award dated 10/01/1983 directed that instead of dismissal, petitioner is liable to be punished with stoppage of two annual grade increments without cumulative effect, and he has to be reinstated with continuity in service but without back wages.

3) Learned counsel for the petitioner has contended that although Labour Court had directed that two annual grade increments without cumulative effect of the petitioner should be withheld but the respondents have even withheld the future increments, which is not permissible. He has further contended that respondents themselves had issued Circular on 13/11/1986 (Ann.1