SURESH KUMAR SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has challenged the order dated 3/16.08.2012 (Annexure P -1), passed by the Additional Chief Secretary to Government, Haryana, Administration of Justice Department, whereby, the representation dated 19.03.2012 of the petitioner, claiming fixation of pay in regular and higher pay scale of Public Prosecutor (called as Deputy District Attorney in Haryana) on his promotion and Appointment as Public Prosecutor vide notification dated 30.01.2002 (Annexure P -2), as per the provisions of Sub Section 6 of Section 24 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C'), has been rejected.

(2.) MR . Jaivir Yadav, learned counsel appearing on behalf of the petitioner in support of his contention submitted that on 30.07.1992, the petitioner was selected and appointed as Assistant District Attorney with the respondent -State and vide notification dated 19.05.1993 was appointed as Assistant Public Prosecutor under Section 25 of Cr.P.C. and keeping in view the experience as envisaged in Section 24(9) of Cr.P.C. Copies of the notifications dated 30.01.2002 and 19.05.1993 have been attached as Annexures P -2 and P -3 respectively.

(3.) IT has been stated that services of the petitioner were governed by Haryana State Prosecution Legal (Group -B) Service Rules, 1979 which were repealed by Rule 20 of the Haryana State Prosecution Legal (Group B) Service Rules, 2001 (hereinafter referred to as 'Rules 2001'), and provisions of rule 13(1) of aforementioned Rules, 2001 are relevant. The same is extracted herein below: -