LPA No. 809 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 809 of 2010 Date of decision 29 .7.2010 Roop Chand Khichi ... Appellant Versus State of Haryana and another ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. I.D.Singla ,Advocate for the appellant 1.To be referred to the Reporter or not ? 2.Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. The instant appeal filed under Clause X of the Letters Patent is directed against the judgement dated dated 22.1.2010 rendered by the learned Single Judge. While disposing of CWP No. 6626 of 2009 directions have been issued to the respondents to consider the claim of the petitioner- appellants for the upgradation of his salary at par with his juniors. It has been rightly held that grant of ACP is in lieu of promotion and the petitioner has already got two promotions and was therefore not entitled to the 1ast and 2nd ACP benefit. The 3rd ACP benefit has already been granted to the petitioner and if any junior is drawing more salary than the petitioner, the case of the petitioner is required to be examined. A similar issue came up for consideration of this Court in the case Union of India and others v. Central Administrative Tribunal, Chandigarh (CWP No.12894 of 2010) decided on 23.7.2010 wherein this Court has held as under: LPA No. 809 of 2010 2 “Having heard the learned counsel we are of the considered view that the order passed by the Tribunal for stepping up the pay of the petitioner and bringing it equivalent with the pay of his junior Shri Ramesh Chand Sharma does not suffer from any legal infirmity. There is no provision in the ACP Scheme that the petitioner is entitled to the same pay scale as is given to his counter part who is a direct recruit. Moreover, the petitioner had already earned three promotions and therefore would not be entitled to any other benefit in the shape of higher pay scale. “ Having heard the learned counsel we are of the considered view that no intereference in the well reasoned judgement of the learned Single Judge is called for. The appeal is without merit and the same is accordingly dismissed. (M.M.Kumar) Judge (A. N. Jindal ) 29.7.2010 Judge okg