CIVIL WRIT PETITION NO.12362 OF 2010 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: AUGUST 03, 2011 Rajbir Singh and others .....Petitioners VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. H. N. Khanduja, Advocate, for the petitioners. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. This order will dispose of Civil Writ Petition Nos.12362, 13135 and 13164 of 2010. For disposal of these writ petitions, the facts are being taken from Civil Writ Petition No.12362 of 2010. The petitioners were initially appointed as Helpers in the Haryana Transport Department. They were promoted as Assistant Fitter between the years 1977 to 1989 on different dates. They were further promoted to the post of Fitter between the years 1984 to 1998. Subsequently, the petitioners have been promoted to the post of Mechanic. Though there are different scales for Helper and Assistant Fitter but Mechanic and Fitter are in the same pay scale. Pleading this, the petitioners have averred that they will be entitled to 3rd A.C.P CIVIL WRIT PETITION NO.12362 OF 2010 :{ 2 }: as their promotion from the post of Fitter to Mechanic would not be a promotion as the scales are the same. In support of this, the petitioners have placed on record Appendix A to the Haryana Transport Department (Group C) Haryana Roadways Service Rules. The post of Mechanic is in the scale of `1200-30-1560-EB-40- 2040 and same is the scale of Fitter. The post of Assistant Fitter, however, is in a different scale, as per the Rules. Accordingly, promotion of the petitioners from the post of Assistant Fitter to Fitter would indeed be a promotional post but further promotion from Fitter to Mechanic can not be said to be a promotion as the scale is the same. The respondents have filed reply. The stand taken in the reply is that the petitioners have already availed three financial upgradations in the service career by way of promotion before 1.1.2006 and accordingly in terms of the Haryana Civil Services (Assured Career Progression) Rules, 2008 (for short, “the Rules”), as applicable, the petitioners are not entitled to next A.C.P grade on completion of 10 years regular service on the promotional post of Mechanic. In this regard, reference is made to Rule 7 of the Rules. The dates of promotion of the petitioners have also been disclosed in the reply. The only stand taken to deny the claim, thus, is that the petitioners have received three upgradations. If the pay scales of Fitter and Mechanic are the same, then it can be urged that this is no financial upgradation or promotion. The claim of the petitioners, therefore, is required to be considered in the light of this factual position. CIVIL WRIT PETITION NO.12362 OF 2010 :{ 3 }: These writ petitions are accordingly disposed of with a direction to the respondents to consider the claim of the petitioners for grant of A.C.P in the light of above-noted factual position. The needful be done within a period of three months from the date of receipt of certified copy of this order. If A.C.P is payable to the petitioners, the same shall be paid from the date it is due and the arrears shall also be released. August 3, 2011 (RANJIT SINGH ) khurmi JUDGE