SATISH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this petition is to the order dated 29.11.2012, whereby the benefit of higher responsibility increment had been denied to the petitioner. He claims addition of this increment to his pay w.e.f. 01.01.2011 relying on Haryana Government instructions dated 27.07.2009 and the modified Govt. order dated 11.10.2010, which deal with matters regarding fixation of pay of an employee where the feeder and promotional posts are identically placed in the same Grade Pay.

(2.) The petitioner retired from service on 30.06.2013 as an Assistant Geologist. He was promoted to the post of Assistant Geologist (HAS-II) w.e.f. 01.01.2011. On 16.09.1987, the petitioner earned his promotion as Technical Assistant from Section Officer, the post on which he was appointed on ad hoc basis on 11.07.1978 and, thereafter, his services were regularized w.e.f. 16.09.1982. By virtue of an office order, the petitioner was granted the 1st ACP scale of Rs.9300-34800+4200 (GP) with retrospective effect from 01.01.2006 and thereafter the 2nd ACP scale of Rs.9300-34800+4600 (GP) w.e.f. 01.05.2007. These were by orders dated 04.02.2010 and 28.08.2012 respectively. The benefit of 2nd ACP master pay scale remains the same, but the Grade Pay was increased to Rs.4600/-.

(3.) It is urged in the petition and in the replication filed by the petitioner that at the time of promotion as Assistant Geologist, his promotional grade was not equivalent to the Grade Pay drawn by the petitioner on the post of Technical Assistant. The pay is prescribed by the Haryana Civil Services (Revision of Pay) Rules, 2008 and the Haryana Civil Services (Assured Career Progression Scheme) Rules, 2008. The petitioner argues that the scope of Haryana Civil Services (Assured Career Progression Scheme) Rules, 2008 [for short 'the HCS (ACP) Rules, 2008'] is very limited and applicable in the situation when an employee has stagnated on a post for a period of 10, 20 or 30 years, he is on this account entitled to the next ACP scale. After granting of ACP scale, the scope of the HCS (ACP) Rules, 2008 comes to an end and the Haryana Civil Services (Revision of Pay) Rules, 2008 [for short 'the HCS (RoP) Rules, 2008'] again come into operation. Per contra, the moot instructions on the subject relied upon by the State are dated 09.04.2010 as also the instructions dated 11.10.2010 and 27.07.2009. The petitioner says that it is wrong to allege that instructions dated 09.04.2010 are in the context of HCS (ACP) Rules, 2008 while instructions dated 11.10.2010 and 27.07.2009 are in the context of HCS (RoP) Rules, 2008. Both these Rules came into force in the same year 2008 to achieve and fulfill different objects and reasons.