CWP No.13275 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13275 of 2007 Date of decision 24 .12.2008 Parshant Kumar .....petitioner versus State of Haryana and others .....Respondents Coram:- Hon'ble Mr. Justice Mehtab S. Gill. Hon'ble Mr. Justice K. Kannan. Present: Mr. Manoj Chahal, Advocate, for the petitioner. Mr. Karminder Singh, Advocate, for High Court-Respondent No.1. Mr. Harish Rathee, Sr. DAG, Haryana, for respondent No.2. K. Kannan, J. 1. The entitlement to ACP Scale for a person who had been promoted from the post of Daftri to the Clerk on the completion of 10 years of service under the relevant scheme is the issue that falls for consideration. 2. Admittedly, the petitioner had been appointed as Daftri in the office of the second respondent namely the District and Sessions Judge, Bhiwani on 28.7.1992 and promoted as a Clerk on 26.11.1993. On the completion of 10 years of service he made a representation to grant him first ACP Scale on 16.2.2008. The claim was rejected on 11.11.2004 on the ground that he had earned a promotion before 31.12.1995 and, therefore, he was not entitled to the ACP Scale. The petitioner is aggrieved against the CWP No.13275 of 2007 -2- order of rejection of claim of the ACP Scale by the second respondent. 3. The entire text of scheme has not been placed before us but the relevant portion as found in the impugned order reads as follows:- As per Haryana Government Notification No.GSR 4/Const./Art. 309/98 dated 7.1.1998, every Government servant, who after a regular satisfactory service for a minimum period of 10 years, if the minimum period is not otherwise prescribed to be different then 10 years either in these rules or by the Government for any class or categories of Government servant from time to time, has not got any financial upgradation in terms of grant of a pay scale higher than the functional pay scale prescribed for the post as on 31.12.1995, on which he was recruited as direct recruited fresh entrant:- i) either as a consequence of his functional promotion in the hierarchy, or ii) as a consequence of the revision of pay scale for the same post, or iii) as a consequence of any other event through which the functional pay scale of the post has been upgraded, with respect to the functional pay scale of the post has been upgraded, with respect to the functional pay scale prescribed for the post on 31.12.1995, shall for the purposes of drawl of pay, be eligible for placement into the Ist ACP Scale with reference to him. 4. It is clear that the crucial date is with reference to 31.12.1995 and the entitlement to ACP Scale arises, only if the employee has not got CWP No.13275 of 2007 -3- any financial up-gradation in terms of grant of pay scale higher than the financial pay scale prescribed for the post when he was recruited as a fresh entrant as a consequence of functional promotion in the hierarchy or two other circumstances set out in the relevant notification. Admittedly, the petitioner has obtained a pay scale higher than the pay received by him as a Daftri when he was recruited as a fresh entrant and consequent on his promotion as a Clerk he has earned a higher pay scale in such promoted post. The impugned order correctly refers to the issue and has rejected the claim. The petition itself is misconceived and the learned counsel for appellant seeks to derive strength from the decision of this Court in Ramesh Dahiya versus Uttar Haryana Bijli Vitran Nigam Limited reported in 2008(3)/RSJ 186. The Bench in this case found the petitioner to be entitled to ACP Scales for a person who has recruited as Junior Draftsmen in the year 1980 but promoted as Draftsmen in the year 1983 and the issue was the entitlement to ACP Scales which provided that if a person had not earned a promotion for more than 10 years on the date of coming into force of the Rules namely on 1.1.1996, he was entitled be given the ACP Scale. The said judgement makes it clear with reference to the specific rules that he had remained in the post for 10 years as on the relevant date mentioned in the rules namely 1.1.1996 and hence found him entitled to the ACP Scales. In this case the requirement under the relevant scheme is that a person shall not have earned a higher scale on a promotion within a period of 10 years prior to 31.12.1995. We have already pointed out that in this case the petitioner had been promoted to the post of a clerk and earned a higher scale within the said period of 10 years namely on 26.11.1993. The judgement relied on by him was, therefore, to be seen to be applicable to the particular cut off CWP No.13275 of 2007 -4- date. The writ petition is without merits and deserves to be dismissed. ( MEHTAB S. GILL ) ( K. KANNAN) JUDGE JUDGE 24.12.2008. A. Kaundal