JUDGMENT

Harsimran Singh Sethi, J. (Oral)

By this common order, two Regular Second Appeals, the details of which have been given in the heading of the order, are being disposed of as both the appeals involve the same question of law on similar facts.

CM-107-C-2023 in RSA-31-2023

2. As prayed for, the application is allowed.

3. Present Regular Second Appeal has been filed against the order of the lower Appellate Court dated 02.09.2022 by which, the judgment of the trial Court has been set aside and the suit filed by the respondent-plaintiff has been allowed so as to grant him the benefit of first higher standard pay scale w.e.f. 16.11.1995 and second ACP scale w.e.f. 16.11.2005 with the consequential relief of pay and retiral benefits including the gratuity, leave encashment, pension etc., along with arrears of pay with interest @ 9% per annum.

4. Before adverting to the ground being raised by the appellants to challenge the judgment of the lower Appellate Court, it may be noticed here that the respondent-plaintiff was initially appointed with the Haryana Dairy Development Corporation, which Corporation was subsequently converted into Haryana Dairy Development Cooperative Federation Ltd. i.e. appellant herein.

5. The appellant herein promoted the respondent-plaintiff as Plant Operator w.e.f. 16.11.1995. With effect from 01.04.1995, the appellant introduced a scheme for grant of first and second higher standard pay scale to the employees, who did not get any financial up-gradation for a period of 10 years and 20 years respectively. Keeping in view the fact that respondent-plaintiff was promoted as a Plant Operator on 16.11.1985 and he was working on the said post continuously for a period of 10 years and the required period of 10 years was completed on 16.11.1995, he was granted the first financial higher standard pay scale on completion of 10 years with effect from 16.11.1995.

6. While the respondent-plaintiff was still working on the said post of Plant Operator, the State of Haryana revised the pay scale of its employees in the year 1999 but w.e.f. 01.01.1996 which pay revision was adopted by the appellants also so as to revise the pay scale of its employees including that of respondent-plaintiff. As per the appellants, the second ACP scale was granted to the respondent-plaintiff in the year 2000 wrongly which benefit was withdrawn later on as the respondent-plaintiff had not completed 10 years of service after the grant of first higher standard pay scale, which was made available to him on 16.11.1995.

7. Respondent-plaintiff kept on demanding the grant of second ACP w.e.f. 01.12.2005 when he completed 10 years of service after the grant of first higher standard pay scale but the same was not accepted by the appellants on the ground that the respondent-plaintiff had not completed 10 years of service after the revision of his pay scale which was done in the year 1999. As the benefit was not extended to the respondent-plaintiff qua the 2nd Assured Career Progression Scheme benefit, in February 2008, he filed a civil suit with a prayer that he was entitled for the first standard pay scale w.e.f. 16.11.1995 and second ACP scale w.e.f. 16.11.2005 and was further entitled for re-fixation of his pay and also the re-fixation of his retiral benefits including gratuity, leave encashment, pension etc., with all arrears of pay allowances and arrears of retiral benefits along with 12% interest per annum.

8. The said suit was contested by the appellants on the ground that the respondent-plaintiff had already been granted the benefit of higher standard pay scale w.e.f. 16.11.995 and the same was never withd