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2023 Supreme(P&H) 2085

GURVINDER SINGH GILL
Bhajan Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mr. R.K.Arora and Ms. Saguna Arora, Advocates; For the Petitioner
For the Respondent: Mr. Aman Dhir, DAG Punjab.

Table of Content
1. withdrawal of increment affects pension benefits. (Para 1 , 2 , 3)
2. contention on lawful increments and pension calculation. (Para 4 , 5 , 6)
3. case law guiding the treatment of employee increments and pensions. (Para 7)
4. defense arguments on nature of increments. (Para 8 , 9)
5. withdrawal of increments affects pension calculations and should follow statutory guidelines. (Para 10)
6. clarity on increments as special vs promotional. (Para 11 , 12 , 13)
7. justification of withdrawal of special increments. (Para 14)
8. dismissal of petition with clarifications on pension. (Para 15 , 16 , 17 , 18)

JUDGMENT

Gurvinder Singh Gill, J.

The petitioner assails order dated 13.7.2016 (Annexure P-11) passed by respondent no. 3 whereby benefit of increments which had been granted to the petitioner on 1.2.1989 and on 1.11.1995 at the time of his promotion to the post of Assistant Foreman (Special) and as Foreman (Special) respectively have been withdrawn after more than 10 years of his retirement which have a consequential effect of reduction in pensionary benefits. The petitioner also assails letter dated 23.9.2016 (Annexure P-15) i.e. the reply to the legal notice which had been

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