RSA No. 2928 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 2928 of 2009 (O&M) Date of Decision: August 07, 2009 State of Haryana ...... Appellant Versus Uma Kinker ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.Deepak Jindal, Assistant Advocate General, Haryana for the appellant. **** 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? Ajay Tewari, J. This appeal has been filed against the concurrent judgments of the Courts below decreeing the suit of the respondent and setting aside the orders whereby the dates of his first ACP and 2nd ACP have been changed to his prejudice. The following questions have been proposed:- i) Whether the judgment passed by learned District Judge, Jind is sustainable in the eyes of law? ii)Whether the temporary service can be treated as regular service for the purpose of granting first and second ACP? Question No. (i) is a general question. Question No.(ii), in my opinion, has been wrongly worded. It has been found as a fact that the respondent was earlier working on daily wages since August, 1979. By RSA No. 2928 of 2009 (O&M) 2 order dated 31.1.83 he was offered appointment wherein it was also mentioned that he would be on probation for 240 days. Learned Assistant Advocate General has argued that the period of service from 1.2.83 up to the completion of 240 days probation would be temporary service and such temporary service would not be counted for grant of ACP scheme. However, I find that the learned lower Appellate Court has considered this aspect and has relied upon order Ex.P5 dated 11.5.2001 passed by the appellant itself wherein it was mentioned that the respondent was having regular service w.e.f. 1.2.1983. In this view of the matter question No. (ii), which, though is a question of law, does not arise in this case. Consequently the appeal is dismissed. No costs. Since the main case has been decided, the pending Civil Misc. Applications, if any, are disposed of. (AJAY TEWARI) JUDGE August 07, 2009 sunita