BHAGWAN DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court for quashing order dated 31.5.2006 passed by the Commissioner Gurgaon, whereby the benefit of 1st A.C.P. and 2nd A.C.P. has been withdrawn. The petitioner was granted 2nd A.C.P. on 10.6.2005. He was sought to be promoted to the post of Assistant vide order dated 5.5.2006. The petitioner gave a representation on 15.5.2006 saying that he wanted to forego his promotion because of his family problem. On account of this, the 1st and 2nd A.C.P. were withdrawn vide order dated 31.5.2006. Immediately thereafter, the petitioner had filed a representation on 22.6.2006 showing his willingness to accept the promotion. Subsequently, he was promoted on 22.2.2008. The petitioner, accordingly, contends that the withdrawal of the 1st A.C.P. can not be justified and would be illegal and the 2nd A.C.P. has also been withdrawn from the date the petitioner has joined the promoted post.

(2.) In response to notice of motion, reply has been filed. The factual position as noted above is not in serious dispute. Reference is made to Rule 11 of the ACP Rules, 1998, which talks of ceasing of entitlement of A,C.P. Scales. If a Government employee chooses to forego any functional promotion on any ground whatsoever, while drawing his pay in any ACP scale with reference to him, he shall cease to be entitled to draw his pay in the A.C.P. scale and shall draw his pay in the functional pay scale prescribed for the post on which he is substantively working from the date of such promotion.

(3.) The withdrawal of the 2nd A.C.P., which was granted to the petitioner on 10.6.2005, may have some justification on the basis of this Rule, but how the 1st A.C.P. granted to the petitioner was withdrawn, will be an issue, which require consideration. In addition, the petitioner also pleads that the A.C.P. was withdrawn without issuing any show cause notice to him and thus, would plead the violation of principle of natural justice while passing the impugned order.