CWP NO.14121 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.14121 of 2007 Decided on : 18.02.2009 Ishwar Singh ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE AJAY TEWARI Present:- Mr. Umesh Narang, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana AJAY TEWARI J. The petitioner has filed this writ petition praying for quashing the impugned order dated 11.10.2006 (Annexure P-5) whereby the ACP grade granted to him prior to 07.01.1998 was ordered to have been withdrawn on the ground that the petitioner had not passed the departmental test. Learned counsel for the petitioner has relied upon a decision of the Financial Commissioner-cum-Principal Secretary, Government of Haryana, Finance Department where in it was provided as under :- “As regards qualifying the conditional test necessary for promotion to the higher post, the employees drawing pay of these rules i.e. 07.01.1998 may be exempted from the condition for the purpose of ACP scales as per provision in rule 8 (3) of ACT, Rules, 1998, but who completes 10/20 years on or after 07.01.1998 may not be allowed CWP NO.14121 of 2007 -2- ACP scales until he fulfils the condition of test if any as per provision in rule 5(3) (b) of ACP Rules, 1998. Learned counsel for the petitioner further relied upon a decision of this Court in CWP No.19542 of 2007 titled as Bhalle Ram V. State of Haryana and others where a Division Bench also noticed that in a similar case of a Patwari, in para 2 of that written statement, it had been clarified that with regard to grant of first and second ACP scales to the Patwari and Kanungo, the condition of departmental test could not be insisted for those Patwaries who were eligible for the same before 7.1.1998. In view of the order of the Financial Commissioner-cum-Principal Secretary, Government of Haryana, Finance Department and in view of the written statement filed by the respondents to the aforementioned CWP No.19542 of 2007, the stand now being taken that the petitioner could not be granted the scales since he had not cleared the departmental test is unsustainable. It is not permissible to the State to judge different persons by different criteria if they are otherwise similarly situated. Consequently, this writ petition is allowed and the order dated 11.10.2006 (Annexure P-5) is set aside. The arrears on this account may be released within three months with 8% interest from the date of accrual to the date of actual disbursement within three months of receipt of a certified copy of this order. It is further clarified that in case the said arrears are not released with 8% interest within the aforesaid period of three months, then the amount of interest would also carry further 8% interest. Accordingly, this petition stands disposed of. February 18, 2009 ( AJAY TEWARI ) ashish JUDGE