CIVIL WRIT PETITION NO.6650 OF 2010 :{ 1 }:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

DATE OF DECISION: SEPTEMBER 23, 2011

Kailash Devi and others

.....Petitioners

VERSUS

State of Haryana and others

....Respondents

CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

PRESENT:

Mr. H. N. Khanduja, Advocate,

for the petitioners.

Mr. Harish Rathee, Sr.DAG, Haryana,

for the State.

****

RANJIT SINGH, J.

This order will dispose of Civil Writ Petition Nos.6650 of

2010 (Kailash Devi and others Vs. State of Haryana and

others), 6924 of 2010 (Ved Parkash and others Vs. State of

Haryana and others), 6993 of 2010 (Mahinder Singh Mehla and

others Vs. State of Haryana and others), 7509 of 2010 (Partap

Singh and others Vs. State of Haryana and others), 8610 of

2010 (Pushpa Devi and others Vs. State of Haryana and

others), 8614 of 2010 (Paramjeet Singh Vs. State of Haryana

CIVIL WRIT PETITION NO.6650 OF 2010 :{ 2 }:

and others), 8630 of 2010 (Shakuntla Nijhawan and others Vs.

State of Haryana and others), 8631 of 2010 (Jai Gopal and

others Vs. State of Haryana and others), 14337 of 2010 (Ram

Kishan & others Vs. State of Haryana and others), 425 of 2011

(Kamlesh Kumari Vs. State of Haryana and others), 3026 of

2011 (Anshu Mala Sharma & others Vs. State of Haryana and

others) and 4731 of 2011 (Sneh Lata and others Vs. State of

Haryana and others). The facts are being taken from Civil Writ

Petition No.6650 of 2010.

The petitioners in these cases are aggrieved against the

withdrawal of ACP scale having been granted on the ground that they

had foregone promotion.

Noticing the facts in brief, it can be observed that the

Haryana Government granted two higher standard pay scales on

completion of 10 and 20 years of regular satisfactory service as per

the instructions dated 1.1.1994 with effect from 1.1.1996. The

Government adopted new pay scales as well as the benefits of A.C.P

scales on completion of 10 and 20 years of regular service with effect

from the said date by issuing notification dated 7.1.1998. The

petitioners are those employees who were granted ACP scales due

to stagnation in the promotional avenues. During 2004-07, the

petitioners were granted one chance of promotion against the post of

Head Teacher of Primarily School on the basis of their service

record. The petitioners had expressed their inability to accept the

promotion on the ground that promotional place was located at a

distant place. The petitioners requested for adjusting them to the

nearby place. As per the petitioners, they were never called for grant

CIVIL WRIT PETITION NO.6650 OF 2010 :{ 3 }:

of promotion as was done in case of some of the similarly situated

persons.

The respondent-Government had relied on Rule 11 of the

Haryana Civil Services (Assured Career Progression) Rules, 1998

(for short, “the Rules”) to hold that if a promotee foregoes his

promotion, then benefit of ACP scale already granted to him, shall be

withdrawn. Thereupon, the respondents have issued order on

11.6.2009, directing all the Block Education Officers and Drawing

and Disbursing Officers to withdraw the benefit of ACP scale granted

to the petitioners and to re-fix their pay after reducing the same. The

Drawing and Disbursing Officers issued orders on 31.5.2009 for

withdrawing the ACP scale. The petitioners served a legal notice

against the same and then have approached this Court. It is averred

that similar plea in large number of cases has been allowed by this

Court, against which even Special Leave Petition has been

dism