JOGINDER SETHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has filed this writ petition for quashing the orders dated 17.3.2008 (Annexure P-2) and 29.4.2008 (Annexure P-5) vide which pay of the petitioner has been refixed after withdrawing of 2nd ACP and further for issuing direction to respondents to grant 2nd ACP pay scale to her along with arrears of revised pay, commutation, gratuity and revised pension etc.

(2.) THE petitioner was appointed as Clerk on 31.8.1972 in the office of Land Acquisition officer, Harayna PWD B & R, Ambala Cantt. She was granted benefit of 1st Higher Standard Pay Scale on 8.2.1996. THE Government of Haryana replaced Higher Standard Pay Scale with the ACP Pay Rules, 1998 w.e.f.1.1.1996. THE petitioner was granted 1st ACP on 7.1.1998. She became entitled to 2nd ACP w.e.f. January, 2007. She was also granted this benefit, but her claim was rejected on the ground that she had foregone her promotion as SDC and her pay was fixed in the pay scale of Rs.5000-6000/- after 36 years of service. THE similar situated employees, however, even junior to the petitioner, were getting the pay scale of Rs.5000-7850/- in the 2nd ACP pay scale. THE petitioner, accordingly, has filed this writ petition. Reply on behalf of the State is filed. THE prayer of the petitioner has been opposed by making reference to the rule 11 of ACP Rules 1998, which provides that the Government servant, who chose to forego any functional promotion on any ground whatsoever, while drawing pay in any ACP scale with reference to him/her, he/she shall cease to be entitled to draw his/her pay in the ACP pay scales and shall draw his/her pay in the functional pay scales prescribed for the post.

(3.) THE respondents, accordingly, were directed to consider the case of the petitioner for ACP Scale on completion of 10/20 years of service in a cadre as per rules. THE State of Haryana had filed the Special Leave Petition against the said order, which was dismissed by the Hon'ble Supreme Court. THEreafter, the State had filed a review petition, which was also dismissed on February 23, 2010. Thus, the issue of denial of ACP scale on the ground of foregoing promotion, is now finally settled.