USHA RANI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Present writ petition under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari to quash order dtd. 25/7/2014 (Annexure P/2) whereby the petitioner has been denied the benefit of 2nd ACP. Petitioner has also sought a writ of Mandamus for grant of benefit of 2nd ACP with effect from 20/4/2010 alongwith all arrears and other retiral benefits w.e.f. 26/9/2014.

(2.) As per the petitioner, she was appointed as S.S. Mistress on regular basis and she joined the respondent-department on 20/4/1990. She was granted Ist ACP w.e.f. 1/5/2000. The petitioner completed 20 years of service on 20/4/2010 and she filed a representation dtd. 8/7/2014 (Annexure P/1) for the purpose which was rejected vide order dtd. 25/7/2014 (Annexure P/2). The petitioner sought voluntary retirement on 28/7/2014 (Annexure P/3), but there was no response. She again resigned by depositing three months' salary vide Annexure P/4 and the said resignation of the petitioner was accepted on 26/9/2014. The petitioner made a request on 7/11/2014 that since she had sought voluntary retirement on 28/7/2014 and the same was not finalized and she submitted resignation which was accepted on 26/9/2014, she be released her retiral benefits. On 25/9/2014, the petitioner had also completed 24 years of service and as per Rule 5.32 (B) of the Punjab Civil Services Rules, an employee can take voluntary retirement after 20 years of service. However, the petitioner is not being given the said benefit and other retiral benefits on the ground that she had tendered resignation and not submitted voluntary retirement notice and as such, the present writ petition.

(3.) In the reply, the respondent-State has taken the plea that the petitioner was granted Ist ACP after 10 years of service w.e.f. 1/5/2000 and she was granted the benefit of 2nd ACP on completion of 20 years of regular satisfactory service. The petitioner was promoted to the post of Elementary School Head Master (ESHM) vide order dtd. 14/3/2013 (Annexure R/1), but she had foregone the promotion to the post of ESHM and specific order was issued in this regard on 25/6/2013 (Annexure R/2). Resultantly, the ACP pay scale of the petitioner got ceased under Rule 14 of the Haryana Civil Services (ACP) Rules, 2008 (for short, "2008 ACP Rules"). Relevant Rule 14 of the 2008 Rules is extracted below :-