STATE OF HARYANA Vs. DEV RAJ

JUDGEMENT

(1.) C.M. No. 5466-LPA of 2012

(2.) In the present case, the respondent herein was appointed as Peon in the year 1971. He was promoted as Clerk on 01.01.1975. However, thereafter, he could not get immediate promotion and stagnated at this post for quite some time. After promulgation of the aforesaid Rules, he was given first financial up-gradation on 01.01.1994 and second financial up-gradation on 27.05.1995. In normal course, third up-gradation would have become due in May, 2005. However, this was not given to him on the ground that the respondent had got one promotion in his service career i.e. from Peon to Clerk and, therefore, out of the three ACPs, which are available under Rules 2008, it has to be reduced by the number of promotions and as one promotion was given, the respondent was held not entitled to third ACP. The respondent filed writ petition claiming third ACP as well, which was allowed by the learned Single Judge, holding that since the respondent had stagnated at the post of Clerk for 30 years, third financial up-gradation would also be admissible.

(3.) The State of Haryana is in appeal before us, challenging the aforesaid orders of the learned Single Judge. As mentioned above, the matter is governed by Rules 2008, which are framed under proviso to Article 309 of the Constitution of India. The relevant Rules would be Rules 7, 11 and 12, which read as under:-