IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.9866-C of 2009 & RSA No.2262 of 2009 Decided on : 05.09.2009 State of Punjab & others ... Appellants versus Didar Singh ...Respondent CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Jaswinder Singh, DAG, Pb. **** 1.Whether Reporters of local newspapers 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. (ORAL) CM No.9866-C of 2009 For the reasons mentioned in the application, the delay of 497 days in filing the appeal is condoned. CM stands disposed of. RSA No.2262 of 2009 This appeal has been filed against the concurrent judgments of the Courts below decreeing the suit of the respondent for declaration that he is entitled to be granted second proficiency step up on the completion of 20 years of service w.e.f. 1.1.1996. The following questions have been proposed: i) Whether the judgment and decree of learned trial courts are perverse and liable to be set aside? RSA No.2262 of 2009 -2- ii)Whether the approached the learned courts below holding that the plaintiff/respondent to his pay refix w.e.f. 1.1.1996 and is entitled to recover the arrears of pay and allowances accure due to him w.e.f. 1.1.1996 as a result of be-fixation of his pay is unsustainable in the eyes of law? Both the Courts below have found that the grant of second proficiency step up under the Assured Career Progression Scheme was governed by notification Ex.P-4, which talked of overall service record. The plea taken by the appellant, that the results of the respondent were not as per the results of the other teachers has rightly been disregarded by the Courts below, since as mentioned above, the Assured Career Progression Scheme was based upon 'Overall Service Record'. There was no reference in the notification about any requirement that the results should have been of any particular standard. Courts below have found that the entire service record of the respondent is either good or very good. Thus, respondent is entitled to the claimed declaration. Consequently, this appeal and application for stay are dismissed. No costs. September 05, 2009 (AJAY TEWARI) sonia JUDGE