IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 203 CWP-8208-2002 (O&M) Date of Decision:- 22.07.2026 Hari Chand and others … PeƟƟoners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. S. Kumar, Advocate for the peƟƟoners. Mr. Harish Kumar Nain, DAG, Haryana. ***** NIDHI GUPTA, J . Present Civil Writ PeƟƟon under ArƟcles 226/227 of the ConsƟtuƟon of India has been filed by the peƟƟoner for issuance of a writ in the nature of mandamus direcƟng the respondents to modify the ACP scale of the peƟƟoners and/or issue any other appropriate writ, order or direcƟon which this Court deems fit in the facts and circumstances of the case. 2. It is inter alia submiƩed by ld. counsel for the peƟƟoners that the peƟƟoners had been appointed as DraŌsmen between the years 1974 to 1980 as per their dates of appointment as menƟoned in para-No. 2 of the present writ peƟƟon. On 01.01.1986, pay scale of the peƟƟoners was revised by the Government of Haryana and was fixed in the pay scale of Rs. 1400-2600/-. Vide leƩer dated 08.02.1994, the Government of Haryana had granted higher NEELAM KUMARI 2026.07.24 17:10 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-8208-2002 (O&M) - 2 - standard pay scale to Group C and D employees on compleƟon of 10 years or more and 20 years or more service. Accordingly, as the peƟƟoners were eligible, having completed 10 years of service, they were granted the first higher standard pay scale of Rs. 1600-2660/-. 2. Learned counsel submits that however, the rate of increment in the scale of Rs.1400-40-1600-50-2300-EB-60-2660 and in the scale of Rs.1600-50- 2300-EB-60-2660 was same aŌer crossing the efficiency bar. So, the Government of Haryana to remove this stagnaƟon in the rate of increment, modified higher standard pay scale w.e.f. 1.4.1995 vide Annexure P-1 to the extent of Rs.1640- 2900/- as Ist higher standard pay scale and Rs.2000-3200 as second higher standard scale as reproduced under:- "2. ModificaƟon of Higher Standard Pay Scales: Copy of FD Hr.No.1/34/93-4PR(FD) dt. 9.5.95 I am directed to invite your aƩenƟon to the Finance Department Circular leƩer No.1/34/93-4PR (FD) dated 8.2.94 on the subject noted above and to say that the State Govt. has decided to modify the Annexure aƩached with the said leƩer as under with effect from 01.04.95: - xxxx Accordingly, the peƟƟoners were granted the modified higher standard pay scale of Rs.1640-2900 w.e.f. 1.4.1995. NEELAM KUMARI 2026.07.24 17:10 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-8208-2002 (O&M) - 3 - 3. Ld. counsel submits that, thereaŌer, vide noƟficaƟon dated 07.01.1998, Haryana Government had revised the pay scale of all its employees w.e.f. 01.01.1996 vide Haryana Civil Services (Revised Pay) Rules, 1998; Haryana Civil Services (Assured Career Progression) Rules, 1998”. 4. Ld. counsel submits that however, the aforesaid anomaly of 1995 was again repeated in 1996 while granƟng the ACP scales. It is submiƩed as the peƟƟoners were drawing their pay in the pay scale other than funcƟonal scale of the post held by them as on 31.12.1997, the above said Revised Rules are not applicable to the peƟƟoners. It is contended that the peƟƟoners have completed 10 years of regular saƟsfactory service and accordingly the peƟƟoners were granted the Ist ACP scale of Rs.5450-150-6950-EB-150-8000 and subsequently IInd ACPO scale of Rs.5500-175-8300-EB-175-9000 on compleƟon of 20 years of regular saƟsfactory service. The same very controversy arose in the year 1994 and was subsequently removed with modificaƟon standard pay scale w.e.f. 1.4.1995 arose now while granƟng Ist ACP scale of Rs.5450-8000. It is submiƩed that if we see the rate of increment in the funcƟonal scale of Rs.5000-150-7100-EB-150-7850 and the rate of increment of the Ist ACP scale i.e. Rs.5450-150-6950-EB-150-8000 which is granted to the peƟƟoners, it is clear that rate of increment in both scales is same. The contenƟon of the Government while introducing the scheme that it is for financial upgradaƟon is defeated and in actual fact, instead of financial upgradaƟon the peƟƟoners are suffering financial degradaƟon. 5. Ld. counsel contends that once the government had modified the higher standard pay scale in the year 1995 to remove the stagnaƟon in the pay NEELAM KUMARI 2026.07.24 17:10 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-8208-2002 (O&M) - 4 - scale, now again the peƟƟoners are suffering from the same posiƟon which they were suffering in the year 1994. As such, once again, the peƟƟoners are enƟtled for corresponding scale of their first and second higher standard pay scale that is Rs. 5500-9000/- as first ACP and Rs. 6500-9900 as second ACP. Accordingly, peƟƟoners served the respondents with a legal noƟce dated 22.01.2002 (Annexure P-2) for grant of modified ACP pay scale of Rs. 5500-9000/- as first ACP scale; and Rs. 6500-9900/- as second ACP scale; which are corresponding revised scale of Rs. 1640-2900/- and Rs. 2000-3200/- for the first and second higher standard scale respecƟvely, which the peƟƟoners were geƫng. However, Ɵll date no acƟon has been taken in this regard by the respondent Department. It is accordingly prayed that the present writ peƟƟon be allowed. 6. Per contra, learned State counsel has opposed submissions of the peƟƟoners and pointed out that ACP scales are granted with reference to first entry into service. As such, it is incorrect for the peƟƟoners to state that by grant of first ACP they have not gained any benefit. Accordingly, prays for dismissal of the present writ peƟƟon. 7. No other argument is made on behalf of learned counsel for the parƟes. I have heard ld. counsel and perused the case file and record in detail. I find merit in the submissions advanced on behalf of the respondent-State. 8. It is the case of the peƟƟoners that the first anomaly in the grant of higher standard scale to the peƟƟoners had been duly removed by the respondents with effect from 01.04.1995. It is the contenƟon that a similar NEELAM KUMARI 2026.07.24 17:10 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-8208-2002 (O&M) - 5 - anomaly has again occurred in the grant of ACP scale; and accordingly, as the said anomaly had been removed in case of higher standard scale, the same is also liable to be removed in the grant of ACP scale. However, the said contenƟon of the peƟƟoners is misleading and misconceived. In this regard, the averments made by the respondents No. 1 to 3 in para Nos. 6 and 7 of their wriƩen statement dated 10.08. 2004 are relevant, which reads as under: - “6. The Higher Standard Scale (HSS) under the scheme were admissible to Group C and D Employees on rendering 10/20 years regular and saƟsfactory service. The Higher Standard Scales (HSS) under this scheme for the cadre pertaining to the peƟƟoner were as under: - 7. That it has to be appreciated that the benefit of grant of ACP scales is not in addiƟon to promoƟonal avenues available to an employee under the ACP Scheme of 1998. It is perƟnent to menƟon that ACP scales are to be granted with reference to Ist entry into Govt. service and funcƟonal pay scale of the NEELAM KUMARI 2026.07.24 17:10 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-8208-2002 (O&M) - 6 - post thereof as on 31.12.95. The funcƟonal pay scale of the post of D/Man was Rs. 1400-2600 as on 31.12.95 while Ist ACP scale is Rs.5450-8000 and 2nd ACP scale is Rs.5500-9000 w.e.f. 1.1.96 as per ACP rules 1998. In this way all the peƟƟoners have already been granted two financial up gradaƟons with reference to the funcƟonal pay scale of the post as on 31.12.95 on which they have joined the Govt. service as Ist entry on Direct Recruitment.” (Emphasis added) 9. From the above, it is clear that as per the ACP rules, the first ACP is to be granted with reference to the iniƟal pay scale upon entry into service. In the present case, funcƟonal Pay scale of the peƟƟoners/draŌsman upon entry into service was Rs.1400-2600; and first ACP pay scale is ₹5450-175-6950-EB- 150-8000/–; and 2nd ACP scale is of Rs. 5500-9000/-. Thus, it's a misnomer for the peƟƟoners to state that there is an anomaly and that there is no gain to the peƟƟoners by grant of first ACP as, clearly, peƟƟoners are already enjoying benefit of ACP pay. It is also necessary to point out that ACP Rules have not been challenged by the peƟƟoners. 10. Learned counsel for peƟƟoners is unable to dispute the above. 11. Keeping in view the aforesaid posiƟon, the present writ peƟƟon stands dismissed. 16. Pending applicaƟon(s), if any, also stands disposed of. ( NIDHI GUPTA ) 22.07.2026 JUDGE Neelam Whether speaking /reasoned Yes / No Whether Reportable Yes / No NEELAM KUMARI 2026.07.24 17:10 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh