DINESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition has been filed seeking issuance of a writ in the nature of certiorari quashing the impugned order dated 11.09.2015 (Annexure P-7). A further prayer has been made for issuing a writ in the nature of mandamus directing the respondents to step up the pay of the petitioner at par with his junior w.e.f. 01.12.2000 with all consequential benefits and arrears with interest @18% per annum.

(2.) The petitioner was appointed as Sub Divisional Officer (Civil) on regular basis w.e.f. 01.02.1989 in the Agricultural Board by promotion. Whereas, his junior Sh. Laxman Dass joined on 08.11.1989 on the same very post by direct recruitment. After implementation of the pay scales vide Haryana Civil Services (Assured Career Progression) Rules, 1998 w.e.f. 01.01.1996, Sh. Laxman Dass, was granted the benefit of 2nd ACP scale of Rs.12,000-16,500.00 w.e.f. 01.12.2000 on completion of his 11 years service with all arrears of salary vide order dated 11.11.2013 (Annexure P-2). However, petitioner was not given the said benefit on the ground that he was not appointed by direct recruitment rather appointed by way of promotion.

(3.) Being aggrieved by non grant of benefit of 2nd ACP, petitioner submitted a representation on 09.12.2013 (Annexure P- 3) followed by another representation dated 28.02.2014 (Annexure P-4). The petitioner relied on the Instructions dated 02.06.2008 (Annexure P-5) issued by Principal Secretary, Finance but the department did not respond to the same. The said policy/Instructions envisage that salary of senior employee shall be stepped up in the event of a junior employee is getting more salary owing to the ACP.