BISHAMBAR DASS Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE petitioner was appointed as Class IV employee in May 1970 with the respondent -department. Thereafter, on 20.11.1985 he was appointed as Driver on ad hoc basis against a post meant for direct quota. As per the policy decision dated 28.2.1991, the services of the petitioner were regularized w.e.f 1.1.1991. Thereafter, as per the decision of the Hon'ble Supreme Court in State of Haryana v. Piara Singh's case, the claim of the petitioner was again considered and his services were regularized w.e.f 1.10.1988. The petitioner applied for the grant of Ist ACP grade w.e.f 1.10.1998 after completing 10 years of service but his claim was rejected vide the impugned order.

(2.) THE defence taken is that the petitioner was appointed as Peon and thereafter promoted as Driver and is now in the pay scale of Rs. 4000 -6000 which is higher than the scale of Class IV employee. Thus, the petitioner is not entitled to the ACP Grade which could only be granted to a direct recruit driver who had stagnated for 10 years.

(3.) COUNSEL for the respondents has sought to distinguish the above judgment by asserting that the said judgment did not relate to an anomaly arising out of the grant of time bound promotional scale. He has argued that there is a difference between cases where a benefit was granted to a junior directly recruited employee which resulted in his pay becoming higher than that of a senior promoted employee and the present case where the petitioner has not given any details about any junior to whom the ACP Grade may have been granted.