IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH.

427 CWP-20369-2003 (O&M).

Date of Decision: 21.02.2025.

RAJESH KUMAR AND OTHERS ... Petitioners Versus STATE OF HARYANA AND ANOTHER ... Respondent(s)

CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.

Present: Mr. R.K. Malik, Sr. Advocate, with Mr. Sandeep Dhull, Advocate, for the petitioner.

Ms. Tanisha Peshawaria, DAG, Haryana.

VINOD S. BHARDWAJ, J. (ORAL)

Challenge in present writ petition is to the order dated

18.11.2003 (Annexure P-3) issued by the Deputy Director, Women and Child Department, Haryana, whereby the representation submitted by the petitioners for defending the ACP granted to them was rejected and orders were issued for withdrawal of the Assured Career Progression (ACP) granted vide office letter No.35202-06 dated 22.01.2002.

2 Learned Senior counsel appearing for the petitioners contends that the petitioners were appointed as Clerks on regular basis in the Department of Women and Child Development, Haryana, during the period October 1991 to December 1992. He submits that the Haryana Government issued ACP rules vide notification dated 07.01.1998 called "Haryana Civil Service (Assured Career Progression) Rules, 1998." The same prescribed that all employees would be entitled to the grant of First ACP after rendering 10 years’ service and Second ACP after rendering 20 years’ service. The time scale for the post of Clerk was Rs.3050-4590 and the First ACP i.e. Rs.4000- 6000 was admissible after rendering 10 years’ service and Second ACP of Rs.5000-7850 after rendering 20 years’ service. The relevant Rule 5 (3) of the Haryana Civil Service (Assured Career Progression) Rules, 1998 is extracted as under:-

“5 (3). For determining the eligibility of grant of ACP scale, following conditions must also be fulfilled by the Government Servant: -

(a) After completing the respective prescribed period for eligibility for the grant of ACP scales the Government servant should be fit to be promoted to the next higher post in the functional hierarchy in his cadre, but could not be functionally promoted due to lack of Vacancy in the promotional post in the hierarchy to which he is eligible to be promoted:”

(emphasis supplied)

3 Learned Senior counsel contends that the essential qualification for promotion to the next higher post of Assistant in the hierarchy and the service conditions are governed by statutory rules called the Haryana Women & Child Development Department (Group-C) Service Rules, 1997 which prescribe five years’ experience as Steno Typist or Clerk-cum-Store Keeper- cum-Accounts Clerk-cum-Junior Auditor (In Clerical Grade). The said essential qualifications prescribing for promotion as an Assistant is as under:

-

"By Promotion:-

(1) Two years’ experience as Junior Scale Stenographer or Assistant Librarian OR (ii) Five years’ experience as Steno Typist or Clerk-cum-Store Keeper-cum-Accounts Clerk-cum-Junior Auditor (In Clerk Grade).

Note: - If Steno-typist or Junior Scale Stenographer opts for promotion to the post of Assistant-cum-Accountant-cum- Cashier-cum-Junior Auditor (In Assistant Grade). He will have no lien in his original cadre."

4 He contends that as there was no condition prescribed for clearing the type test before being promoted to the post of Assistant under the Statutory rules, hence, the petitioners became eligible for promotion to the post of Assistant but on account of the failure of the respondent-Department to promote the petitioners to the next post, the benefit of ACP was granted to the petitioners with effect from the following dates:-

NAME DATE FROM WHICH THE 1ST ACP WAS GRANTED.

Petitioner No.1 1.11.2001 Petitioner No.2 1.7.2002 Petitioner No.3 1.1.2002 Petitioner No.4 1.1.2002 Petitioner No.5 1.1.2001 Petitioner No.6 1.1.2002 Petitioner No.7 1.11.2001 Petitioner No.8 1.8.2002 Petitioner No.9 1.1.2002 Petitioner No.10 1.12.2001 Petitioner No.11 1.7.2001 Petitioner No.12 1.6.2001”

5 The petitioners were however issued a show cause notice bearing Memo No.21974/EA-4/W