C.W.P. No.13190 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.13190 of 2009 DATE OF DECISION: AUGUST 27, 2009 Ramesh Kumar Devgun .....PETITIONER Versus State of Punjab and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL --- Present: Mr.Anil Chawla, Advocate, for the petitioner. .. SATISH KUMAR MITTAL, J. The petitioner, who had retired as Unani Medical Officer from Municipal Corporation, Amritsar on 31.8.2001 on attaining the age of superannuation, has filed the instant petition for issuing direction to the respondents to grant him the benefit of Assured Career Progression Scheme on completion of 24 years of service with all consequential benefits. After his retirement, when the retiral benefits were not released to the petitioner, he along with similarly situated persons filed CWP No.16415 of 2002 seeking directions for grant of retiral benefits to them by taking into account their entire service and not merely the service rendered after commencement of deduction of Provident Fund. The said writ petition was allowed and the respondents were directed to give the retiral benefits to the petitioners in the said petition after taking into account their entire service. At that time the petitioner did not raise the issue of grant of benefit C.W.P. No.13190 of 2009 -2- of Assured Career Progression Scheme on completion of 24 years of service. Subsequently, in the year 2006, the petitioner filed CWP No.19274 of 2006 seeking directions to the respondents to grant him the benefit of Assured Career Progression Scheme on completion of 24 years of service. The said writ petition was disposed of vide order dated 18.12.2007 by passing the following order:- “ This petition seeks a direction for the benefit of Assured Career Progression Scheme on completion of 24 years service. Case of the petitioner is that he was appointed at Unani Medical Officer on 12.3.1976 in Municipal Corporation, Amritsar. Initially, his appointment was on 89 days basis and finally his services were regularised. He retired on 31.8.2001. His services were regularised from the initial date of appointment but pension was not being given from the initial date of appointment. He filed a writ petition being CWP No.16415 of 2002, wherein entire service was directed to be counted for pension. The petitioner was entitled to ACP scale after completing 24 years' service, which was not being given. Stand taken by the State of Punjab is that the issue is to be dealt with by the Municipal Corporation. No reply has been filed by the Municipal Corporation but learned counsel for the Municipal Corporation states that temporary service could not be taken into account for any other purpose except pension. It is well settled that only regular service can be taken into account for the purpose of ACP Scale. Reference may be made to order passed by this Court dated 27.8.2007 in CWP No.7707 of 2005 (Smt. Sushil Kumari Sharma etc. Vs. Punjab State Electricity Board etc.). Since no reply has been filed by respondent No.3, we direct respondent No.3 to take a decision on the legal notice of the petitioner, Annexure P-5 by passing a speaking order and convey the same to the petitioner within two months from C.W.P. No.13190 of 2009 -3- today. The petition is disposed of accordingly.” In terms of the aforesaid direction, the legal notice served by the petitioner on respondent No.3 was considered and the claim of the petitioner has been rejected by the Commissioner, Municipal Corporation, Amritsar vide order dated 15.2.2008 on the ground that the services of the petitioner as Unani Medical Officer were regularized w.e.f. 1.11.1978 and thereafter, he retired on 31.8.2001. Since the petitioner had completed less than 24 years of service, therefore, he was not eligible for grant of Assured Career Progression Scheme on completion of 24 years of service. The contention of the petitioner that his claim for counting of ad hoc service rendered by him from 12.3.1976 to 1.11.1978 should have been taken into account for giving the benefit of Assured Career Progression Scheme on completion of 24 years of service, has been rejected on the ground that the said period cannot be counted towards seniority or for grant of the benefit of Assured Career Progression Scheme. It has been further decided by the respondent-Corporation that the ad hoc service rendered by the petitioner was only to be counted for the purpose of grant of retiral benefits and not for the grant of benefit of Assured Career Progression Scheme. The above-said order has not been challenged in this writ petition, however, only a prayer has been made in this petition to issue direction to the respondents to grant the petitioner the benefit of Assured Career Progression Scheme on completion of 24 years of service. It is conceded position that the petitioner was initially appointed purely on ad hoc basis for a period of 89 days and he continued on ad hoc basis with some break till his services were regularized w.e.f. 1.11.1978. It is not the C.W.P. No.13190 of 2009 -4- case of the petitioner that he was appointed for a period of 89 days by following the proper procedure of appointment. This Court, while disposing of CWP No.19274 of 2006 filed by the petitioner, has specifically observed in its order dated 18.12.2007 that only regular service of the employee can be taken into account for the purpose of ACP Scale. The initial appointment of the petitioner for a period of 89 days, which was made purely on ad hoc basis without following due procedure, cannot be taken into account for the said purpose. Therefore, the respondents have rightly not taken into account the said ad hoc service rendered by the petitioner, i.e., 12.3.1976 to 1.11.1978 for calculating the period of 24 years of service for the grant of the benefit of Assured Career Progression Scheme. Thus, I do not find any merit in this petition. Dismissed. August 27, 2009 (SATISH KUMAR MITTAL) vkg JUDGE