IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RESERVED ON:09.09.2025 PRONOUNCED ON: 24.10.2025

1. CWP-21825-2014 B.K.GUPTA AND ANR.

.....PETITIONER(S)

VERSUS STATE OF HARYANA AND ORS.

.....RESPONDENTS AND

2. CWP-4853-2020 RAKESH KUMAR ANEJA AND ORS.

.....PETITIONER(S)

VERSUS STATE OF HARYANA AND ORS.

.....RESPONDENTS CORAM: HON’BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Mr. Ishnoor Singh, Advocate for the petitioners in CWP-21825-2014. Mr. Jawinder Singh Rana, Advocate for Mr. S.K.Malik, Advocate for the petitioner(s)

in CWP-4853-2020.

Mr. R.D. Sharma, DAG, Haryana.

SANDEEP MOUDGIL, J Vide this common order, this Court shall dispose of above mentioned two writ petitions as common question of facts and law is involved therein.

For the sake of convenience, the facts are being taken from By way of the writ petition bearing CWP No.21825-2014 petitioners namely Mr. B.K. Ghupta and Mr. R.K. Sharma are seeking quashing of impugned orders dated 13.12.2013 (Annexure P-10) and dated 04.07.2014 (Annexure P-28) with further prayer for issuance of a writ in the nature of Mandamus directing the respondents to re-fix the pay of the petitioners and also to pay recovery along with interest of 2% per month w.e.f. 01.11.2012 till actual date of its realization and also to merge the advance increment in the basic pay as per the latest instructions of the government and further to release arrears with all benefits.

By way of another writ petition bearing CWP No.4853-2020 petitioners are seeking quashing of impugned order dated 21.12.2018 (Annexure P-5B) with further prayer for issuance of a writ in the nature of Mandamus directing the respondents to grant the benefits of two advance increments by merging it in the annual increment in view of judgment of Priya Sood’s case and then to re-fix their pay and further to release the benefits.

2. Facts The petitioner(s) joined the Irrigation Department, Haryana, as a Junior Engineer (J.E.) on 27.01.1982. During service, he acquired higher qualification AMIE, equivalent to B.E., in December 1986. He retired on 31.10.2012 at the age of 58, as per government policy. One R.K. Sharma, a retired Junior Engineer, joined the department on 27.09.1973, acquired AMIE in June 1982, and retired on 31.12.2005 at age 58. The Finance Department, Government of Haryana, issued Notification No. 6/144/4PR (FD)-87 dated 27.01.1992 revising pay scales of Junior Engineers. It provided for two advance increments for those acquiring AMIE or equivalent degrees, subject to completion of five years of regular satisfactory service. The Irrigation Department initially granted these two advance increments at Rs. 60/- or Rs. 75/- as per the pay scale. However, confusion arose in some field offices regarding whether these increments were to be merged into basic pay and whether Dearness Allowance (DA) was applicable on them. On 07.09.1992, the Diploma Engineers Association met the Engineer-in-Chief, who agreed that the increments were part of pay and DA was applicable. A letter dated 30.09.1992 confirmed this. However, this instruction was later withdrawn unilaterally by the Engineer-in-Chief on 08.01.1993, without consulting the Association. The Finance Department revised the J.E. pay scale to Rs. 6500-200-8500-EB-200-9900 as of 01.01.1996, with increments of Rs. 200/-. Prior to this, increments were Rs. 60/- or Rs. 75/-. Junior Engineers who acquired higher education before 01.01.1996 were granted Rs. 400/- per month. The petitioner(s) faced financial hardship due to discrepancies in increments. In 2006, the then Executive Engineer revised personal pay from Rs. 60/- or Rs. 75/- to Rs. 200/-, but withdrew the two advance increments benefit from R.K. Sharma (from 09.08.2002 till retirement on 31.12.2005) without notice, due to misunderstanding of government instructions. Recovery of Rs. 1,911/- was made from Sharma's dues. The Financial Commissioner & Principal Secretary, Haryana, clarified the grant and discontinuation of the two advance incre