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HARSIMRAN SINGH SETHI
Raj Kumar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. eligibility for acp after 30 years of service (Para 1 , 2 , 3) |
| 2. respondent's defense based on integrity report (Para 4 , 5) |
| 3. court's analysis of entitlement to acp (Para 6 , 7 , 8) |
| 4. directions for reconsideration of acp claim (Para 9 , 10) |
JUDGMENT
Mr. Harsimran Singh Sethi, J. (Oral)
In the present writ petition, the claim of the petitioner is that even upon completion of 30 years of service, the petitioner was not given 3rd ACP, which is required to be given to an employee as per the ACP Rules of the year 2008, which have been issued by the respondent-State.
2. As per the averments made in the petition, the petitioner was appointed as Cleaner on 20.07.1968 with Haryana State Roadways Department. The petitioner was granted the first promotion as Assistant Fitter on 04.11.1970 and thereafter to the post of Fitter on 01.05.1974. The petitioner attained the age of superannuation and retired in the year 2008.
3. As per the instructions issued by the Government of Haryana, the employees are entitled for the grant of ACP on completion of 10/20/30 years of service and according to the petitioner, the petitioner completed 30 years of service in the year 1998 but his 3r
An employee's entitlement to ACP cannot be negated by a subsequent integrity report; assessments must consider records up to the completion of the stipulated service duration.
Uncommunicated entries cannot be used to deny an employee's entitlement to ACP benefits, and the employer has an obligation to communicate adverse entries to the employee.
Long-term service entitles an employee to confirmation and benefits, regardless of administrative hurdles.
The court held that long-serving employees are entitled to confirmation of service and benefits, rejecting the State's refusal as exploitative.
The entitlement to the benefit of MACP is determined by the MACP scheme and relevant office memorandums, and any clarifications or withdrawals thereof.
An employee's entitlement to benefits should not be negated by a later departmental inquiry, emphasizing the importance of timely consideration of rights.
The main legal point established in the judgment is that the regular service for the purpose of ACP benefits should commence from the date of absorption, as per the MACP Scheme.
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