IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 10725 of 2008 Date of Decision: 27.1.2010. Kahan Chand Sharma --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Harkesh Manuja, Advocate for the petitioner. Mr. R.S. Kundu, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) The petitioner was appointed as Lab. Attendant on temporary basis in Govt. Senior Secondary School, Shahbad Markanda in Group-B service. At the time of his appointment he had passed Higher Secondary (Part-II). Petitioner was confirmed to the post of Lab Assistant w.e.f. 14.11.1969 vide order dated 15.12.1976. Subsequently, the category of Lab Attendant was bifurcated into two categories. The matriculates were kept in Group-C and designated as Senior Lab Assistant, whereas others were kept in Group-D service and remained as Lab Attendant. The petitioner being a matriculate fell in Group-C service and was designated as Senior Lab Assistant in terms of order dated 8.10.1998 (Annexure P-3). In the year 1994 the State of Haryana issued Notification dated 8.2.1994 for grant of higher standard pay scales on completion of 10 years or more and 20 years of regular service. This benefit was to be granted w.e.f. 1.1.1994. Since the petitioner had completed 20 years of regular service, he was granted 2nd higher standard pay scale in terms of Notification dated 8.2.1994 vide order dated 22.6.1994 (Annexure P-4). The State Govt. in the year 1998 issued CWP. No. 10725 of 2008 -2- ACP Rules which were made applicable w.e.f. 1.1.1996. The petitioner who had already been granted higher standard scale was placed in the ACP scale and his pay was fixed at Rs. 5190/- giving him the benefit of 2nd higher standard scale. It is stated that under the notification dated 8.2.1994 as well as 7.1.1998 the employee who foregoes his promotion or seeks reversion to a lower post at his own request is ineligible for the benefits of higher standard scale as well as the benefit of ACP scale. On the basis of the aforesaid order, a show cause notice was issued to the petitioner on 20.3.1998 for withdrawal of the benefit. The petitioner claims to have asked for certain record and instead of supplying the record the impugned order dated 30.4.2008 has been passed followed by letter dated 9.3.1999, whereby the benefit of the higher pay scale has been withdrawn from the petitioner. Petitioner has accordingly filed this petition challenging the order dated 30.4.2008 (Annexure P-9) as also Annexure P-6. The respondents in the reply opposed the claim of the petitioner only on the ground that the petitioner was granted promotion three times to the post of Clerk but he has intentionally and willfully foregone these promotions and thus he is not entitled to the benefit of the higher standard scale. Vide C.M. Nos. 10953-54 of 2009 the petitioner has placed on record Govt. Instructions dated 8.2.1994 and 29.5.1995 Annexures P-13 and P-14. Vide Annexure P-14 the earlier instructions have been clarified. In terms of the revised instructions of 1995 following instructions have been introduced:- CWP. No. 10725 of 2008 -3- 6. There are employees who were initially appointed as Peon or Daftri. Some were already matriculates and few others passed matriculation examination during the service. On the basis of provisions continued in their service rules they were promoted as Clerks i.e. From Group D to Group C posts. Such employees have completed more than 10 or 20 years of regular satisfactory service on or after 1.1.1994. Whether promotion of such employees from Group D to Group C posts is to be considered as a bar for the grant of higher standard pay scales? 6. Promotion in such like cases from Group D to Group C is to be considered as non-existent while granting higher standard pay scales in Group C post. Total service in a particular group is to be kept in view. Employees who have completed 10 years or more of regular satisfactory service in Group C are to be granted 1st or 2nd higher standard pay scales, as the case may be subject to fulfilment of other conditions. The respondents have also placed on record copy of subsequent instructions dated 26.11.2002 (Annexure R-6) Under the aforesaid instructions the Haryana Civil Services (A.C.P) Rules, 1998 have been clarified and it is mentioned that an employee who forgives promotion on any ground whatsoever is not entitled to the ACP Scale. Based upon these instructions, it is contended by Mr. Kundu that the petitioner was not entitled to the benefit of the higher standard pay scale, which has been rightly withdrawn. CWP. No. 10725 of 2008 -4- These instructions only deal with the provisions of the ACP Rules and do not deal with the higher standard pay scale which was granted under the 1994 rules which stand clarified vide the subsequent clarification dated 29.12.1995, whereunder even if, a person is granted promotion, still, he is entitled to the benefit of the higher standard scale. The petitioner is governed by 1994 instructions read with 29.12.1995 instructions and hence notwithstanding the fact that he has foregone his promotion, he is entitled to the benefit of the higher standard scale being a Group C employee. In view of the above, this petition is allowed. The impugned order withdrawing the benefit of higher standard scale to the petitioner is hereby quashed. The recovery of the petitioner was stayed by a Division Bench of this Court vide order dated 11.6.2008. As quashment of the impugned order, no recovery can be effected from the petitioner. (PERMOD KOHLI) JUDGE 27.1.2010. lucky