Regular Second Appeal No.1500 of 2009 [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Regular Second Appeal No.1500 of 2009 Decided on : May 05, 2009 State of Haryana ... Appellant VERSUS Harish Kumar ... Respondent CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Parduman Yadav, Deputy Advocate General Haryana for the appellant. A.N.JINDAL, J.- This is State's Second Appeal against the judgment dated 18.12.2008 passed by District Judge, Sirsa, whereby, while accepting the appeal against the judgment and decree dated 9.12.2005 passed by Additional Civil Judge (Senior Division), Sirsa, it was directed that the plaintiff – respondent Harish Kumar (herein referred as the respondent) is entitled to interest at the rate of 12% per annum on the delayed payment of arrears of ACP scale with a further direction to the appellant to make the payment of interest within three months. The respondent had brought a suit alleging that he was an employee of the Food and Supplies Department and he having imparted satisfactory service of ten years, was legally entitled to get the first ACP on Regular Second Appeal No.1500 of 2009 [ 2 ] 16.4.1998, but to utter dismay, he was suspended and charge-sheeted, but later on, he was exonerated of the allegations levelled against him in the month of March, 2002. However, his ACP was wrongly withheld by the Department, wherein, similarly situated Clerks, namely; Tejinder and Ram Bhagat had been granted the said benefit. As such, he claimed the relief of first ACP along with interest @ 12% on its arrears. The State – defendant/appellant in its written statement took the plea that the respondent had joined as Clerk under the Ex-gratia Scheme and the first ACP was granted to those employees, who had completed ten years of satisfactory service, but the respondent had been suspended on 16.4.1998 due to willful absence from duty w.e.f. 6.4.1998 to 14.4.1998. While admitting that the respondent was exonerated during enquiry and his suspended period was treated as duty period, it was further submitted that defendant No.3 (Director, Food & Supplies Controller, Sirsa) had signed the service book of the respondent for grant of ACP scale after verifying his srvice on 19.4.2002, which was received by the Department on 29.4.2002. It was further averred that the respondent could not pass the Departmental type-test in Hindi or English, so the matter was referred to the Government on 26.6.2002 and till 29.10.2003, the correspondence continued. Finally, vide order dated 19.11.2003, the respondent was granted the first ACP w.e.f. 1.5.1998 and, as such, there was no delay on the part of the Department. The Trial Court had dismissed the suit, whereas, the appeal was accepted and the First Appellate Court directed the State to pay interest at the rate of 12% per annum on the delayed payment. Regular Second Appeal No.1500 of 2009 [ 3 ] Heard. When once the appellant/State has not denied the entitlement of the respondent and rather it has also released the first ACP scale w.e.f. 1.5.1998, though, it was so done vide its order dated 19.11.2003, then in such circumstances, the appellant cannot deny the claim of the respondent for interest on the delayed payment. As a matter of fact, the ACP scale should have been received by the respondent immediately after completion of ten years of satisfactory service i.e. On 16.4.1998, which was delayed by the appellant State for one reason or the other till 19.11.2003, therefore, the First Appellate Court for good reasons while exercising its discretiion awarded interest at the rate of 12% per annum on the delayed payment. No substantial question of law arises or is involved in the present appeal. Finding no grounds to interfere, the appeal is dismissed. ( A.N.JINDAL ) JUDGE May 05, 2009 `gian' To be Referred to Reporter - Yes/ No