STATE OF PUNJAB Vs. SAGAR SINGH

JUDGEMENT

(1.) State of Punjab and its officers (defendants) have filed the instant second appeal having remained unsuccessful in both the courts below. Respondent Sagar Singh filed suit against the appellants. Admittedly, the plaintiff joined the services of the defendants as Clerk on 01.07.1963 and retired as Senior Assistant on 31.07.2002. The plaintiff claimed benefit of two additional increments under Assured Career Progression Scheme (in short ACP Scheme) w.e.f. 01.01.1996 as per Government instructions dated 25.09.1998 (Ex.D-1). The defendants controverted the claim of the plaintiff. Learned trial court, vide judgment and decree dated 08.04.2008, decreed the plaintiff's suit holding him entitled to benefit of ACP Scheme after 32 years of service and directing the defendants to consider the same and to pay the consequent arrears within two months. First appeal preferred by the defendants has been dismissed by learned Additional District Judge, Sangrur vide judgment and decree dated 20.04.2010. Feeling aggrieved, defendants have preferred the instant second appeal.

(2.) I have heard learned counsel for the appellants and perused the case file. It is not in dispute that the plaintiff joined service as Clerk on 01.07.1963 and for the first time, he was granted grade of Junior Assistant w.e.f. 01.01.1986 and thereafter, his next promotion to the rank of Senior Assistant was on 30.04.1997. Learned counsel for the appellants contended that the plaintiff-respondent had been granted two promotions i.e. first as Junior Assistant w.e.f. 01.01.1986 and the second as Senior Assistant w.e.f. 30.04.1997 and therefore, he was not entitled to the benefit of ACP Scheme. I have carefully considered the aforesaid contention, but find no merit therein.

(3.) Learned trial court has relied on paragraph 3 (iv) of the ACP Scheme, which is reproduced hereunder :-