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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
State of Haryana – Appellant
Versus
Ramesh Chand – Respondent
Key Points: - The ACP Rules 1998 aim to provide at least two financial upgradations with reference to the post in which the employee joined as direct entrant, applicable from 01.01.1996. (!) (!) - The respondent joined as a direct entrant in 1968 (JBT Teacher) and was promoted to SS Master in 1992; two ACPs on the JBT post were already granted in 2021, with evidence stating the first ACP scale 5450-8000 and second 5500-9000; the pay scale of the Master post is claimed to be same as 5500-9000. (!) (!) (!) - The Court held the civil suit barred by limitation since right to sue accrued in 1998 when ACP Rules were framed, retired in 2005, and suit was filed in 2018, referencing S. Shivraj Reddy v. Raghuraj Reddy (2024 INSC 427). (!) (!) (!) - The Apex/Supreme Court judgment cited holds that limitation period is three years and starts when the right to sue accrues; the suit was highly time-barred. (!) (!) - The conclusions: the civil suit was belated, merits insufficient, and both lower courts’ decrees were set aside; suit dismissed. (!) (!) (!)
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 granted1st 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 u
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 pe....
The court ruled that employees who have not received promotions are entitled to ACP-II and MACP-III benefits, despite clarifications suggesting otherwise.
ACP financial upgradation follows existing post hierarchy on eligibility date; retrospective recruitment rules cannot deny vested rights without justification, ensuring parity with similarly placed e....
Authorities have discretion to correct financial discrepancies in pay, yet wrongful promotions may negate claims for additional benefits like A.C.P. confirmations.
Retired employees entitled to second ACP in Rs.8000-13500 w.e.f. date of SSS cadre restructuring (12.02.2002) upon completing 24 years service, as non-functional scales ignored and benefits granted i....
The main legal point established in the judgment is that the law in force at the time of eligibility for financial upgradations shall govern the entitlement of the employee, and there are limitations....
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