CWP No.21189 of 2008 1 IN THE HIGH COURT OF PUNJABAND HARYANA AT CHANDIGARH CWP No.21189 of 2008 Date of Decision 7.12.2009 Dayanand Duplicating Operator-cum- Daftri ...Petitioner Vs. State of Haryana & Ors. ...Respondents CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA Present: Mr.R..K.Hooda, Advocate, for the petitioner. Mr.Ashwani Markanday, DAG, Haryana. Vinod K.Sharma, J. (Oral) The petitioner was appointed as a peon a Class IV post in the Pay Scale of 300-500. On 1.1.1985 the petitioner was promoted as Duplicating Operator-cum-Daftri and was placed in the Pay Scale of Rs.950-1500/-. The State of Haryana framed a policy of Assured Career Progression to avoid stagnation in service. Under the Scheme framed by the State Government, the petitioner on completion of 10 years service as Duplicating Operator-cum-Daftri was granted higher grade under the CWP No.21189 of 2008 2 Assured Career Progression Scheme in the Pay Scale of Rs.1200-2040 on revision of pay keeping in view the grade of the petitioner she was placed in the Pay Scale of Rs.4000-6000. On 31.5.2002 respondent No.4 issued a show cause notice to the petitioner disputing the grant of Pay Scale 1200-2040 under the Assured Career Progression Scheme. The petitioner submitted reply to the show cause notice. The petitioner was again issued show cause notice, but he chose not to file reply. Respondent thereafter passed the impugned order dated 10.7.2008, (Annexure P.7) ordering refixation of the salary of the petitioner, and for recovery of excess payment made to him. The learned counsel for the petitioner has challenged the impugned order Annexure P.7 on the ground, that the respondents have wrongly presumed, that the case of the petitioner, was one of stepping up, being senior to the juniors who were placed in the Higher Pay Scale. Whereas the petitioner was only granted benefit under the Assured Career Progression Scheme as per Govt. instructions. Notice of the petition was given. In the written statement stand taken by the respondents, is that the petitioner was wrongly granted benefit of Assured Career Progression Scheme in the grade of Duplicating Operator cum-Daftri, whereas the said benefit was required to be given on the Pay Scale of peon. Accordingly the revised pay was to be fixed as per instructions. This plea of the respondents cannot be accepted. The petitioner was not granted benefit under the Assured Career Progression Scheme as a CWP No.21189 of 2008 3 peon. He was not entitled to the benefit under the said Scheme as admittedly prior to coming into force the Scheme he is to be promoted as Duplicating Operator-cum-Daftri. The benefit under the Assured Career Progression Scheme for the first time was given to the petitioner on completing 10 years of service as Duplicating Operator-cum-Daftri, and not the total service rendered by him in the Department. The stand of the respondents, therefore, cannot be accepted, as for the benefit under the Assured Career Progression Scheme, the stagnation is to be on a particular post for the period prescribed, without availing promotion. The impugned order Annexure P.7, being based on misinterpretation of the ACP Scheme is ordered to be quashed. The order of recovery of excess amount can not be sustained in view of the Full Bench judgment of this court in the case of Budh Ram & Ors. Vs. Haryana State (2009-3) PLR 511. For the reasons stated, writ petition is allowed. The impugned order Annexure P.7 refixing the salary of the petitioner is quashed. The petitioner is held entitled to grade originally granted under the revised pay scale. The petitioner shall also be entitled to all consequential benefits. No costs. (Vinod K.Sharma) 7.12.2009 Judge rp