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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Pritpal Singh – Appellant
Versus
Punjab State Civil Supplies Corporation Limited (PUNSUP) – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for benefits and increments. (Para 1) |
| 2. arguments regarding type test and fir impact. (Para 2 , 3 , 4) |
| 3. court's reasoning on probation and increments. (Para 5 , 6 , 7 , 8 , 9) |
| 4. order allowing petition and directing compliance. (Para 10 , 11) |
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present writ petition has been filed under Article 226/227 of the Constitution of India with a prayer for issuance of an appropriate writ, order or directions especially in the nature of certiorari for quashing the impugned order dated 13.06.2024(Annexure P-12) rejecting the claim of petitioner for grant of notional benefits of annual increments from the date when petitioner successfully passed the type test along with interest @ 9% Per annum on account of alleged non-sanction of probation period due to pendency of FIR. Further for issuance of writ in the nature of mandamus directing the respondents to confirm the probation period on completion of two years of service w.e.f 15.10.2003 as the petitioner is deemed to have cleared the probation period when he was allowed to work beyond 15.10.2003 and to fix the pay of petitioner after granting him notional benefits of
Employees cannot have earned increments withheld due to pending criminal charges without formal adjudication, as increments are a vested right based on past service performance.
The court ruled that the Finance Circular does not require passing a departmental examination for promotional increments, affirming the entitlement of the petitioner based on prior judgments.
Employee entitled to notional increments from appointment date despite qualification requirements, with actual benefits post-qualification.
The cancellation of annual grade increments was deemed illegal as the petitioner's probation was completed, affirming the validity of the caste certificate until cancelled.
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