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Punjab-Haryana High Court

Laxmi Agarwal vs Hy.St on 18 January, 2024

2024: PHHC:006701

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
Sr. No.207 CWP No.16642 of 1996
Date of Decision: 18.01.2024
Laxmi Aggarwal .... Petitioners
Versus
State of Haryana and others ... Respondents

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHTIYA
Present: None for the petitioner

Mr. Rohit Arya, DAG, Haryana

28 KK

TRIBHUVAN DAHIYA, J. (ORAL)

This petition has been filed seeking directions to the respondents to grant three advance increments for Ph.D. qualification with effect from 01.01.1986, to fix her salary at the basic pay of €2425 with effect from 01.01.1986, and to grant her senior scale of %3000-5000 with effect from 23.10.1989, i.e., on completion of five years of service including her adhoc service.

2. It is not disputed at Bar that the issue raised herein stands settled as per law laid down by the Supreme court in State of Haryana v. Haryana Veterinary and A.H.T.S. Association and another, 2000(8) SCC 4, wherein it has been held that service rendered by an employee prior to regularisation cannot be held to be regular service, nor can it be tagged on to the later service for earning service benefit, including higher scales.

3. In view thereof, the petitioner's claim for grant of three advance increments for Ph.D. qualification by counting her adhoc service rendered prior to regularisation becomes unsustainable. Accordingly, the petition stands dismissed.

(TRIBHUVAN DAHTYA) JUDGE 18.01.2024 Payal/Maninder MANINDER Whether speaking/reasoned : Yes/No 2024.01.20 15:04 I attest to the accuracy and Whether reportable : Yes/No authenticity of this order/judgment.