C.W.P.No.15101 of 2004 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P.No.15101 of 2004 Date of Decision : March 12, 2008 Amar Nath Lamba .....Petitioner versus The Financial Commissioner and Principal Secretary to Govt. Haryana and others .....Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL Present : Shri Arvind Singh, Advocate for the petitioner. Shri O.P.Sharma, Addl. AG, Haryana for respondent No.1. Shri Jagdeep Singh, Advocate for respondent No.2. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? JUDGMENT HEMANT GUPTA, J. The petitioner has invoked the extra ordinary writ jurisdiction of this Court claiming second Assured Career Progression Scale (hereinafter referred to as the ACP Scale) of Rs.2000-3200 (revised scale of Rs.6500- 9900) w.e.f. 1.4.1996 after completion of 20 years of service. The petitioner joined the respondent department on 16.12.1981 as Sub Divisional Clerk. On 1.1.1986, the petitioner was granted pay scale C.W.P.No.15101 of 2004 2 of Rs.1400-2600. The petitioner was granted first Higher Standard Scale of Rs.1600-2660 w.e.f. 1.1.1994 in terms of the Rules for grant of higher standard of pay on the said date. Since there was no benefit in actual emoluments, the aforesaid first Higher Standard Scale was modified as Rs.1640-2900 w.e.f. 1.4.1995. Such facts are not disputed by the respondents. According to the petitioner, on completion of 20 years of service, he became entitled to 2nd Higher Standard Scale of Rs.2000-3200. The petitioner has claimed that as the said grade has been granted to other employees of the department w.e.f. 1.4.1995, therefore, the same is required to be granted to the petitioner. In reply, it has been pointed out that on completion of 10 years of service, the petitioner was granted Higher Standard Scale of Rs.1600- 2660 w.e.f. 1.1.1994 which was modified as Rs.1640-2900 w.e.f. 1.4.1995. The Government of Haryana revised the General Pay Rules, effective from 1.1.1996. The pay scale of Sub Divisional Clerk was revised from Rs.1400- 2600 to Rs.5000-7850. Simultaneously, the Government of Haryana framed Assured Career Progression Rules, 1998 (hereinafter referred to as the 1998 Rules) which became effective w.e.f. 1.1.1996. Rule 5 of the 1998 Rules provides grant of pay scale on the functional pay scale of Sub Divisional Clerk on 31.12.1995 being first entrant. It was averred that vide Circular dated 4.1.2000, the Government of Haryana has clarified that the revised ACP scales w.e.f. 1.1.1996 are to be granted to the employees on the basis of the functional pay scales prescribed for the post as on 31.12.1995 on which the employee was inducted through direct recruitment as fresh C.W.P.No.15101 of 2004 3 entrant. It was also mentioned that in terms of Schedule-1, Part-II, provided under the 1998 Rules, the grant of 1st and 2nd ACP scales are granted in the following manner:- --------------------------------------------------------------------------------------- Sr.No. Functional pay scale to 1st ACP pay 2nd ACP pay the post on 31.12.1995 scale scale on which the Government servant was recruited. -------------------------------------------------------------------------------------- 1 2 3 4 -------------------------------------------------------------------------------------- 1 to 10. xx xx xx xx xx xx 11. 1400-40-1600-50-2300 5450-150-6950 5500-175-8300 EB-60-2600 EB-150-8000. EB-175-9000. xx xx xx xx xx xx -------------------------------------------------------------------------------------- It is, thus contended that the functional pay scale to the post of Sub Divisional Clerk w.e.f. 31.12.1995 was Rs.1400-2600 and 1st ACP Scale was Rs.5440-8000 and 2nd ACP Scale was Rs.5500-9000. It is such pay scale which has been granted to the petitioner w.e.f. 1.1.1996 and 1.1.2002 respectively. It has been further clarified that some of the officials named by the petitioner, i.e. Raghbir Singh, Sham Sunder Goel and Ramesh Chander, joined as Sub Divisional Clerks during the year 1975 and they have been granted second Higher Standard Scale of Rs.5500-9000 w.e.f. 1.1.1996 on completion of 20 years of service, as per the Instructions of the Government for grant of Higher Standard Scale. Having heard learned counsel for the parties, we do not find any merit in the present writ petition. The petitioner has been granted ACP scale in terms of the 1998 Rules, as reproduced above. His entire claim is based upon the grant of pay scale of Rs.2000-3200 to some of the officials C.W.P.No.15101 of 2004 4 by the respondents. It has been pointed out that the officials named, have been granted pay scale of Rs.5500-9000 w.e.f. 1.1.1996. They have been granted such pay scale on completion of their 20 years of service, as per the instructions as are applicable for the grant of such pay scale. The ACP Rules, 1998 were made effective w.e.f. 1.1.1996. Therefore, the petitioner has to be granted pay scale in terms of the scales mentioned therein. Since such pay scale has been granted to the petitioner, therefore, he cannot claim any other pay scale. In view of the above, we do not find that the petitioner is entitled to pay scale of Rs.2000-3200 (now revised as Rs.6500-9000) w.e.f. 1.4.1996. Consequently, the present writ petition is dismissed with no order as to costs. (HEMANT GUPTA) JUDGE 12-03-2008 (MOHINDER PAL) *mohinder JUDGE