Civil Writ Petition No. 1427 of 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- Civil Writ Petition No. 1427 of 2004 Date of decision: 05.02.2009 Krishan Kanta and another ........Petitioners Versus State of Haryana and others .......Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. H N Khanduja, Advocate for the petitioners Mr. Gagandeep Singh Wasu, AAG, Haryana for the respondents -.- Ashutosh Mohunta , J. (Oral) The petitioners have prayed for quashing of those provisions of the Haryana Civil Services (Assured Career Progressions) Rules, 1998, which provide high pay scales to the direct appointees and deny the same to the promotees on the ground that the same are violative of articles of 14 and 16 of the Constitution of India. They have also prayed for quashing the impugned letter dated 18.07.2001, whereby, ACP scale of Rs.6500- 9900 granted after completion of 10 years regular satisfactory service has been withdrawn and recovery has also been effected from the petitioners. Learned counsel for the parties are agreed that this case is squarely covered by the decision rendered by the Hon'ble Supreme Court in 'Commissioner and Secretary to Government of Haryana and others v. Civil Writ Petition No. 1427 of 2004 2 Ram Sarup Ganda, reported as 2007(2) SCT 476. Counsel for the petitioners states that as per the latest instructions dated 02.06.2008, issued by the Financial Commissioner and Principal Secretary to Government Haryana, Finance Department, if after grant of ACP scale(s) to junior, senior employee is getting lesser pay than his junior in the same cadre/post, then his salary shall also be stepped up at part with the junior employee. In view of the above, we direct the competent authority to decide the case of the petitioners in the light of the ratio of law laid down in Ram Sarup Ganda's case (supra), as also keeping in view the instructions dated 02.06.2008 within a period of three months. In case, the matter is decided by the competent authority in favour of the petitioners, then the amount already recovered from the petitioners be refunded to them, within a period of three months from the date of decision of the case of the petitioners by the competent authority. Disposed of in the aforesaid terms. [Ashutosh Mohunta] Judge [Nirmaljit Kaur] Judge February 05, 2009 mohan