Judgment :- 1. The petitioner passed M.B.B.S. Course in the year 1988 and thereafter applied for appointment as Assistant Surgeon, to the Director of Public Health and Preventive Medicine, Chennai. The petitioner was selected temporarily as Assistant Surgeon and posted to the Primary Health Centre. 2. The petitioner was subsequently posted as Assistant Surgeon at Thindamangalam, Salem District on 09.04.1990. The petitioner, on the date of filing this writ petition, was working as Assistant Surgeon, Primary Health Centre, Periyamanali, Thiruchengode Taluk, Namakkal District. The services of petitioner were not regularized in spite of number of representations. 3. The submission of petitioner is that on 04.11.1997, the Deputy Director of Health Services, Namakkal, directed the petitioner to produce all the original certificates for verification to regularize his service. In pursuance to the direction of respondent no.1, the petitioner produced all original certificates. 4. After verification of certificates, respondent no.1 recommended to the Director of Public Health to regularize the services of petitioner, but no order was passed, on the recommendations. 5. The grievance of petitioner was that till 01.01.1997, petitioner was given regular increment, having been appointed in regular pay scale. Thereafter from 01.01.1998, that the petitioner was not granted annual increment. The representation made by the petitioner for release of annual increment has not been answered till date. 6. The case of petitioner is that the petitioner, for grant of increment, is shuttling between respondent no.1 and the Director of Public Health. The petitioner, therefore, approached this Court for issuance of direction to the respondents, to release annual increment to petitioner in view of the recommendation made by respondent no.1. 7. This writ petition is opposed by respondents, on the ground that the petitioner was appointed against the reserved post for Scheduled Tribes, but he failed to submit the community certificate, therefore, he is not entitled to the grant of increment. 8. The stand of respondents cannot be accepted. The annual increment is a right of an employee, appointed in regular pay scale, on completion of one year of service. The increment can only be withheld, by a specific order, withholding the increment. In absence of an order withholding increment, it is to be granted as a matter of right. There is no justification with the respondents, not to grant annual increment, as long as the petitioner continues to serve the department in the regular pay scale. 9. The increment can only be withheld, by a specific order, withholding the increment. In absence of an order withholding increment, it is to be granted as a matter of right. There is no justification with the respondents, not to grant annual increment, as long as the petitioner continues to serve the department in the regular pay scale. 9. It is not disputed that the petitioner was appointed in regular pay scale, rather the petitioner was granted regular increment. It is only when his case for regularization was forwarded, that the increment has been withheld. The action of respondents, therefore, on the face of it, is arbitrary, thus, hit by Article 14 of the Constitution of India. 10. The stand of respondents, that the petitioner has failed to furnish the community certificate, cannot be a ground to deny increment, as the failure of petitioner to furnish necessary certificate can entitle the respondents to take action against him, but this cannot be the ground to deny increment, which is the legal right of an employee. 11. Consequently, this writ petition is allowed. A writ in the nature of Mandamus, is issued, directing respondents to release annual increment to the petitioner from due date. The needful be done within one month of the receipt of certified copy of this order. 12. No costs.