Punjab-Haryana High Court
Dr Swarn Arora vs State Of Haryana And Others on 29 January, 2025
Neutral Citation No:=2025:PHHC:013460
CWP-2409-202
2025 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
134 CWP
CWP-2409-2025
Date of Decision: 29.01.2025
DR. SWARN ARORA ...Petitioner(s)
Versus
STATE OF HARYANA AND OTHERS ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present:- Mr. K. L. Arora,
Arora Advocate
for the petitioner.
TRIBHUVAN DAHIYA,
DAHIYA J. (Oral)
This petition has been filed seeking a direction to the respondents to release leave encashment of three hundred days to the petitioner, and also grant her two increments for acquiring M.Phil.. degree and four increments for acquiring Ph.D. degree while in service, with effect from February, 1989 and July, 1996,, respectively. Further, a direction has also been sought to revise the petitioner's pension on that basis, and release arrears thereof with interest.
2. Learned counsel for the petitioner has contended that the petitioner joined service in an aided ided College run by the fourth respondent/DAV DAV College Managing Committee as Lecturer ecturer in Mathematics with effect from 07.07.1966.
07.07.1966. While in service, she acquired qualifications of M.Phil. in February, 1989, and Ph.D. in Mathematics in July, 1996 1996, from the Kurukshetra University, University Kurukshetra.. As per letter dated 08.12.2000,, Annexure P-8,, issued by the government government regarding revision of pay pay-scales scales of teachers working in Universities and Colleges Colleges, there is a provision for giving two advance increments to teachers who acquire Ph.D. degree while in service 1 of 3 ::: Downloaded on - 03-02-2025 23:02:58 ::: Neutral Citation No:=2025:PHHC:013460 CWP-2409-202 2025 -2- on or after 01.01.1996.
01.01.1996 Benefit enefit of one advance increment has also been given to the teachers who acquire M.Phil. degree within two years of recruitment. In terms of law laid down by a Division Bench of this Court in Nirmala Mittal v.. State of Haryana and others, others 1996(5) SLR DB 294 294,, the petitioner becomes entitled to one increment on acquiring M.Phil. degree while in service, though it was after two years of recruitment.
recruitment. He also relied upon instructions issued by the government vide memo dated 14.08.2018, Annexure P P-7,, to claim encashment of earned leave for the service rendered by the petitioner in the aided College. These benefits were due to the petitioner, however, for no reasons the same were not given to her prior to superannuation from service with effect from 31.08.2005.. In case the benefits are now given to her,, she would be entitled to revised pensionary benefits as well as leave encashment.
3. The submissions made by learned counsel for the petitioner have been considered.
4. The benefit of increments on the basis of qualifications of M.Phil. and Ph.D. acquired by the petitioner while in service, was not claimed by her any time before she he superannuated from service on 31.08.2005.. There is no explanation forthcoming for this inaction ction on her part. Since she did not claim the benefits while in service, the same cannot be claimed now after about two decades of her retirement.. The petition is clearly time barred barred..
Further, the benefit of leave encashment is also not admissible to her in terms of instructions, instructions dated 14.08.2018, as the same are applicable prospectively only. Her entitlement to retiral retir benefits was on th the basis of rules and instructions in force at the time of her superannuation which have already been paid.
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5. In view thereof, there is no ground to entertain the petition and it stands dismissed in limine.
(TRIBHUVAN DAHIYA)) JUDGE 29.01.2025 Ad Whether speaking/reasoned Yes/No Whether reportable Yes/No 3 of 3 ::: Downloaded on - 03-02-2025 23:02:59 :::