CWP-17077-2021

1

206

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CWP-17077-2021

Date of Decision : 02.03.2022

Yash Pal

…Petitioner

Versus

The State of Haryana and others

…Respondents

CORAM : HON’BLE MR. JUSTICE RAJBIR SEHRAWAT

Present:

Mr. Jawahar Lal Goyal, Advocate

for the petitioner.

Mr. Harish Rathee, DAG, Haryana.

(In virtual Court)

****

RAJBIR SEHRAWAT, J (ORAL)

1.

This is a petition filed under Article 226/227 of the

Constitution of India for issuance of a writ in the nature of certiorari

quashing the impugned order dated 26.04.2021/27.04.2021 (P-10) qua Sr.

No.949, wherein the posting of petitioner as ESHM is shown as ‘Forgo-

retirement on 30.04.2021 after completion of 58 years of age; recovery

order dated 23.08.2021 (P-13), vide which recovery amounting to

Rs.1,36,024/- has been sought from the petitioner as his 2^nd ACP has been

ordered to be withdrawn on account of forgoing promotion. Certain other

prayers have also been made in the petition.

2.

The facts involved in the present case are that the petitioner

was appointed as Science Master on 29.01.1996, on adhoc basis in the

School Education Department, Haryana, which was followed by

regularization w.e.f. 01.10.2003. As per the ACP scheme/rules, the

MANPREET SINGH

2022.03.07 14:56

I attest to the accuracy of

this order.

CWP-17077-2021

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petitioner was granted 1^st ACP scale w.e.f. 01.10.2013, on completion of 10

years regular satisfactory service. Thereafter, the petitioner was awarded 2^nd

ACP scale as well, w.e.f. 01.10.2019, on completion of 16 years of service.

After grant of 2^nd ACP scale, the pay of the petitioner was fixed on

06.03.2020 and the petitioner started drawing salary accordingly. The next

post of promotion from the post of Science Master is to the post of

Elementary School Head Master. Since the petitioner was senior enough,

therefore, his case was also considered and the necessary promotion order

was passed on 23.11.2020. However, thereafter, actual posting orders for

promotional post were not issued by the respondent department to any of

the persons who are promoted vide the above said order.

3.

As has come on record, there were certain earlier promotion

orders also qua which the persons promoted had not been granted postings

after their promotions. Therefore, a consolidated exercise of granting

posting stations was carried out by the respondent department. Online

options were invited for places of postings and the candidates were asked to

fill-up their options, if they intended to accept the promotion. The online

form contained two columns. One was meant for those persons, who

accepted the promotions and who intended to get the postings pursuant to

the promotion. The other column was where the promoted persons wanted

to forego the promotion and did not want to be disturbed from their current

place. These options were to be exercised by the promoted persons upto

19.04.2021. The petitioner opted the column of foregoing promotion and

filled up the column submitting that he did not want to choose any station.

The reason given by the petitioner was also mentioned by stating therein

that he was retiring on 30.04.2021 only on completion of 58 years. Pursuant

to foregoing of the promotion, the petitioner was not granted any posting

MANPREET SINGH

2022.03.07 14:56

I attest to the accuracy of

this order.

CWP-17077-2021

3

order and he was retained as a Science Master at the same place where he

was posted earlier. Hence, pension was also fixed on the post of Science

Master only. After the petitioner opted to forego the promotion, the

respondents withdrew the 2^nd ACP scale from the petitioner, which was

earlier granted to him in lieu of lack of promotion, on the ground that he has

subsequently foregone the promotion. Accordingly, the pens