JOGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of CWP Nos. 7005 and 14270 of 2001, 16571, 18156 and 20142 of 2003 and 9837 of 2004, as common questions of law and facts are involved he issue raised in the present bunch of petitions is regarding entitlement of the petitioners to ACP scale.

(2.) However, the facts and pleadings have been noticed from

(3.) Learned counsel for the petitioners submitted that pay scales of all the employees in the State of Punjab were revised w.e.f. 1.1.1996. Vide notification dated 4.9.2000, Punjab Civil Services (Revised Pay) (Second Amendment) Rules, 2000 were notified, vide which Constables were given pay scale of Rs. 3120-5160 as against Rs. 950-1800 w.e.f. 1.1.1996. After the recommendations of the 4th Punjab Pay Commission, when the pay scales had already been revised, while notifying Punjab Civil Services (Revised Pay) Rules, 1998 (for short, 'the 1998 Rules'), the State issued a circular dated 25.9.1998 regarding implementation of the recommendations of 4th Punjab Pay Commission under Assured Career Progression Scheme. In terms thereof, after 8 years of service in the same cadre, an employee who is not promoted to the next higher level either on account of non-availability of a vacancy at such higher level or non-existence of a promotional avenue, he is to be granted pay scale which is next higher in the hierarchy of pay scales, as provided in column No. 3 of the First Schedule annexed with the 1998 Rules. Vide memo dated 24.8.2000, issued by the department of Home and Administration of Justice, it was clarified that in terms of para. 3(1) of the policy dated 25.9.1998, the Constables shall be entitled to pay scale of Rs. 3120-6200 under ACP Scheme. The same was the clarification issued vide memo dated 12.12.2000. As a consequence thereof, pay of the petitioners was fixed w.e.f. 1.1.1996 in the pay scale of Rs. 3120-6200 under ACP Scheme considering the fact that the petitioners had not got any promotion in last 8 years of service. However, the aforesaid benefit granted to the petitioners was withdrawn and their pay was re-fixed in the scale of Rs. 3120-5160 w.e.f. 1.1.1996.