DARSHAN LAL KWATRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court claiming promotion to the post of Personal Assistant w.e.f. 06.06.2012 with all consequential benefits as he has already been granted the ACP Scale of the said post vide order dated 07.09.2011 (Annexure P -2).

(2.) COUNSEL for the petitioner has referred to Rule 8 of the Haryana Civil Services (Assured Career Progression) Rules, 2008, to contend that an employee can only be granted the ACP Scale who is fit to be promoted to the next higher post in the functional hierarchy in his cadre but because there are no posts lying vacant in the promotional post, he is being granted the said benefit. There are two posts of Personal Assistant lying vacant in the department since 06.06.2012 and the claim of the petitioner for promotion on the said post is not being considered although he is fit for promotion as he has already been granted the benefit of ACP Scale.

(3.) IN view of the above, the present writ petition is disposed of with directions to the Director, Panchayats, Haryana -respondent No. 2 to finalize the seniority list within a period of two months' from the date of receipt of certified copy of the order. Thereafter, the claim of the petitioner for promotion to the post of Personal Assistant be examined and appropriate orders passed within a further period of one month.