Withdrawn increments were classified as special rather than promotional, which justifies the action based on the Punjab Civil Services Rules and related Supreme Court decisions.

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at the time of his promotion to the post of Assistant Foreman (Special) and as Foreman (Special) respectively have been withdrawn after more than 10 years of his retirement which have a consequential effect of reduction in pensionary benefits.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 sent by the petitioner.

2. A few facts necessary to notice for disposal of this petition are that as per petitioner's case, he initially joined 'Beas Dam Project' as a Welder on 1.11.1965 and was subsequently retrenched from the said Project on 10.6.1977 vide Discharge Certificate dated 20.6.1977 (Annexure P-1) wherein the remarks as regards his work and conduct are recorded as 'Excellent'. Thereafter, the petitioner was appointed on work-charge basis at 'Ranjit Sagar Dam', Shahpur Kandi, Department of Irrigation, Punjab, Pathankot on 26.4.1979 (Annexure P-2) as Welder where he continued working and was granted a regular pay scale of Rs. 120-250 and was also granted promotion as Assistant Foreman Special (work-charge) on 1.2.1989 and later on was promoted as Foreman Special (work-charge) on 1.11.1995 and wherein his work and conduct was recorded as hard-working, obedient and dutiful. It is further the case of the petitioner that his services were regularized w.e.f. 13.3.1996 in the pay scale of Rs. 1640-2925 vide order dated 8.6.1996 (Annexure P-4). The petitioner, upon attaining the age of superannuation, retired from service on 28.2.2006.

3. It is the specific case of petitioner that two increments had been granted to him on 1.4.1992 and another three increments were granted on 1.3.1995 which had been granted in lieu of his good performance and keeping in view the tough and hazardous conditions in which the work was being done on account of which as many as 300 employees of the State Project had already lost lives at the Project site. It is further the case of the petitioner that he had also been granted four promotional increments at the time of his promotion as Assistant Foreman (Special) on 1.2.1989 and another four increments on 1.11.1995 at the time of his promotion as Foreman (Special), which had been given to him as per his entitlement as per Rule 4.4 of the PUNJAB CIVIL SERVICES RULES on account of higher responsibilities.

4. The learned counsel for the petitioner submits that subsequently after his retirement on 28.2.2006, the case of the petitioner for grant of pension was forwarded to the Accountant General where objections had been raised with regard to the grant of special increments to the petitioner and without any notice to the petitioner, his basic pay had been reduced from Rs. 10,025/- to Rs. 7,440/- and PPO had been issued on the basis of the reduced pay and a recovery of Rs. 4,02,988/- is shown against the petitioner (Annexure P-6 and Annexure P-7). Subsequently, pursuant to decision of Hon'ble Supreme Court in an identical matter, the benefit of four increments out of 13 special increments earlier granted to petitioner was restored and pay was revised vide impugned order dated 13.7.2016 (Annexure P-11). Thereafter, the petit