Financial upgradation under service rules is strictly anchored to the pay scale of the entry-level post. Furthermore, courts must dismiss civil suits that are filed beyond the statutory limitation period, even where the issue of limitation has not been specifically raised by the opposing party.

JUDGMENT

SUDEEPTI SHARMA J. (Oral)

1. The present appeal is preferred against judgment and decree dated 10.05.2024 and 05.03.2025 passed by learned Civil Judge (Jr. Division), Nuh and learned Additional District Judge, Nuh, whereby, the civil suit filed by the respondent was decreed in his favour and appeal filed by the appellant against judgment and decree dated 10.05.2024 was dismissed respectively.

2. Brief facts of the case as per pleadings in the civil suit are that respondent having Matric qualification was recruited on the post of JBT Teacher on 18.10.1968. He was granted functional pay scale (Rs.1200-2040) of JBT Teacher on 01.09.1986. Later on, he improved his educational qualification as B.A. and B.Ed. and was promoted as SS Master on 14.01.1992/20.01.1992 on a pay scale of Rs.1400-2600, basic pay-Rs.2050. Thereafter, two additional increments were granted to him. He was granted1^st higher standard scale on 01.01.1994 in the grade of Rs.1600-2660 which was modified to Rs.1640-2900. He was granted higher standard scale after completion of 10-20 years regular satisfactory service in the grade of 1640- 2900 and his pay was fixed @Rs.2300 as on 01.01.1994. He got the same scale upto 31.12.1995. Thereafter, on the basis of length of service, the section officer in the office of DEO Office, Gurugram granted him ACP Grade on Master post in the scale of Rs.6500-9900. It is stated in the pleadings that Haryana Government issued letter under 7^th Central Pay Commission to revise pension of pensioners/retirees who retired before 01.01.2016. The section officer in the office of DEO, Gurugram granted him 1^st ACP Grade of Master post of Rs.6500-9900 on 01.01.1996 and the same was also entered in the service book of the respondent but same was withdrawn by section officer in the office of DEO, Gurugram and revised pension of respondent was fixed in the scale of 5500-9000 which was illegal and against the rules.

3. It is further stated that respondent since retired from post of SS Master and had retired not from the post of JBT, therefore, order of section officer in the office of DEO, Gurugram was illegal and not binding on the respondent. Further that respondent, time and again requested the appellants to consider his request and to again revise his pension in 2^nd ACP of Master Post @Rs.6500-10500 and to withdraw its order of modification of his pension which was fixed in the pay scale of Rs.5500-9000 and further to grant him arrears of ACP and Pension. But his request was not answered. Therefore, he filed civil suit before learned Civil Judge (Jr. Division), Nuh which was decreed in his favour vide judgment and decree dated10.05.2024. The same was challenged by the appellants which was dismissed by learned Additional District Judge, Nuh vide judgment and decree dated 05.03.2025. Hence, the present regular second appeal appeal.

ARGUMENTS

4. Learned counsel for the appellants contends that as per Rule 1(3) of ACP Rules, 1998 applicable w.e.f. 01.01.1996, two financial upgradations are provided to any employee with reference to functional pay scale of the post on which he joined as a government servant as a direct recruit fresh entrant. And as per Rule 3(b) “direct recruit fresh entrant” means the post on which government servant was recruited as regular and direct recruitee in the government service and is in continuous employment since such recruitment. He, therefore, contends that ACP Scale is granted on the pay scale of the post of which government employee is recruited as fresh entrant and not on the pay scale of promoted post. And as the functional pay scale of post of JBT Teacher upto 31.12.1995 was Rs.1200-2040, therefore as per ACP Rules, 1998, respondent will be entitled to 1^st ACP in the pay scale of Rs.5450-8000 and 2^nd ACP Scale in the pay scale of Rs.5500-9000 which has been rightly granted by appellants and there is no provision in the ACP Rules to grant ACP on the scale of promotional post which both the Courts have wrongly