IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 CWP-21837-2020 (O&M) Date of Decision:- 14.07 .2026 Gulab Singh … PeƟƟoner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Parveen Moudgil, Advocate for the peƟƟoner. Mr. Suneel Ranga, DAG, Haryana. ***** NIDHI GUPTA, J . Present Civil Writ PeƟƟon under ArƟcles 226 of the ConsƟtuƟon of India has been filed by the peƟƟoner for issuance of a writ in the nature of CerƟorari quashing the impugned orders dated 30.10.2019 (Annexure P-2) and 08.09.2020 (Annexure P-6); and a writ in the nature of Mandamus direcƟng the respondents to grant the peƟƟoner 1st ACP w.e.f. 01.08.2016 instead of 01.01.2017; with all consequenƟal benefits, including the benefit of re-exercise of opƟon under the HCS (ACP) Rules, 2016, in terms of leƩers dated 16.06.2017 (Annexure P-3) and 08.06.2020 (Annexure P-4). 2. It is inter alia submiƩed by ld. counsel for the peƟƟoner that vide order dated 29.07.2008 peƟƟoner was appointed as Conductor in the respondent-Department of Transport, State of Haryana. Services of the NEELAM KUMARI 2026.07.16 12:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-21837-2020 (O&M) - 2 - peƟƟoner had previously been regularized w.e.f 08.03.2012. Aggrieved thereof, peƟƟoner had filed CWP-17357-2012 Ɵtled as Brij Bhushan and Others Vs State Of Haryana and Others; which was allowed by this Court vide order dated 01.04.2013 and respondent was directed to regularize services of the peƟƟoner w.e.f 29.07.2008 and not w.e.f. 08.03.2012. ConsequenƟally, respondents had issued order dated 21.07.2014 (Annexure P-1) regularizing peƟƟoner with effect from 29.07.2008. 3. Ld. counsel submits that accordingly, peƟƟoner is enƟtled to grant of first ACP scale w.e.f 01.08.2016 aŌer compleƟng 8 years of regular saƟsfactory service. However, vide impugned order dated 30.10.2019 (Annexure P-2), respondent No.3 has wrongly granted the first ACP only w.e.f 31.10.2018. 4. Ld. counsel contends that since peƟƟoner was regularized w.e.f. 29.07.2008, as per the relevant rules he is enƟtled to first ACP w.e.f. 01.08.2016. Resultantly, peƟƟoner is also to be permiƩed to re-exercise his opƟon in terms of Rule 17 of the Haryana Civil Service, (ACP) Rules, 2016 (hereinaŌer ‘the ACP Rules’) wherein it is sƟpulated that persons who have been granted first ACP between 01.01.2016 to 28.10.2016 can re-exercise opƟon, in terms of leƩer dated 16.06.2017 (Annexure P-3) issued by the Finance Department. Vide leƩer dated 08.06.2020 (Annexure P-4) Finance Department has again granted opportunity to re-exercise opƟon. Accordingly, in case peƟƟoner is granted first ACP w.e.f 01.08.2016 then in view of abovesaid leƩers dated 16.06.2017 (Annexure P-3) and leƩer dated 08.06.2020 (Annexure P-4), the peƟƟoner is also enƟtled for re-exercise of his opƟon in terms of Rule 17 of the ACP Rules, 2016. NEELAM KUMARI 2026.07.16 12:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-21837-2020 (O&M) - 3 - 6. Ld. counsel submits that the peƟƟoner has represented to the respondent authoriƟes Ɵme and again including representaƟon dated 19.06.2020 (Annexure P-5) for grant of the above said concession, however, to no avail. Instead vide Impugned order dated 08.09.2020 (Annexure P-6) respondent No.3 has rejected the claim of the peƟƟoner to re-exercise the opƟon. 7. Ld. counsel submits that the impugned orders dated 31.10.2019 (Annexure P-2) and 08.09.2020 (Annexure P-6), are liable to be set aside as peƟƟoner has admiƩedly rendered 8 years saƟsfactory service. It is pointed out that respondent No. 3 has issued chargesheet dated 23.08.2016 (Annexure P-7), to the peƟƟoner for embezzlement of ₹ 20/-. It is however, contended that the said chargesheet has been issued aŌer compleƟon of saƟsfactory service of 8 years. UlƟmately the peƟƟoner has also been punished vide order dated 05.10.2018 (Annexure P-8) for recovery of ₹ 2,000/-. Accordingly, it is prayed that the present writ peƟƟon be allowed and the impugned orders dated 30.10.2019 (Annexure P-2) whereby the respondent has granted Ist ACP w.e.f. 31.10.2018 instead of 01.08.2016; and impugned order 08.09.2020 (Annexure P- 6) whereby claim for re-execrise of opƟon in view of leƩer dated 08.06.2020 (Annexure P-4) has been rejected; and also direcƟng the respondents to grant the peƟƟoner 1st ACP w.e.f. 01.08.2016 instead of 31.10.2018, with all consequenƟal benefits, including the benefit of re-exercise of opƟon under the HCS (ACP) Rules, 2016, in terms of leƩers dated 16.06.2017 (Annexure P-3) and 08.06.2020 (Annexure P-4). NEELAM KUMARI 2026.07.16 12:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-21837-2020 (O&M) - 4 - 8. Per contra learned counsel for the respondent-State has vehemently opposed submissions of the peƟƟoner and has stated that the peƟƟoner has not completed regular saƟsfactory service as required under the Rules as on dated 01.08.2016 case of Embezzlement of ₹20/- (Annexure R-1) was pending against the peƟƟoner; and the same has been filed by the authority on 5.10.2018, with punishment of fine of ₹2000/–. Another embezzlement of ₹20/- is also found against the peƟƟoner on 06.08.2016 (Annexure R-2) and the same has been filed with a fine of ₹2,000/-on 05.08.2018. It is contended that on the basis of the same, the peƟƟoner is enƟtled for first ACP only on 01.11.2018, in lieu of dated 01.08.2016. The said ACP has been granted as per the Haryana Civil Service Rules. 9. Ld. State counsel further submits that the peƟƟoner is not enƟtled for re-exercise opƟon in terms of the leƩer of Government of Haryana, Finance Department, memo No. 1/20/2016-5PR(FD) dated 16.06.2017 (Annexure R-3). In the said leƩer it is clarified that the employees who have been granted 1st ACP between 01.01.2016 to 28.10.2016 can now re-exercise of their opƟon from the date of grant of 1st ACP within three months from the date of issue of this leƩer. As per another leƩer of Government of Haryana, Finance Department memo No. 1/20/2016-5PR(FD) dated 08.06.2020 (Annexure R-4) regarding fixaƟon of pay in the revised pay structure where promoƟon/increment/ACP falls between 01.01.2016 to 28.10.2016 re-exercise of opƟon, in the said leƩer the maƩer has been reconsidered at length and it has been decided that an employee who had earlier exercised opƟon between 01.01.2016 and 28.10.2016 is allowed to re- exercise his/her opƟon under rule 6 or 17 of HCS (RP)/(ACP) Rules, 2016 with NEELAM KUMARI 2026.07.16 12:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-21837-2020 (O&M) - 5 - certain condiƟons to the effect that: 1. The excess amount paid if any to the employee on the basis of opƟon exercised earlier, shall be recovered/adjusted; 2. This fresh and final opƟon will be re-exercised with 3 months from date of issue of these instrucƟons; 3. No request for condoning delay in exercising the fresh opƟon will be entertained and no further chance will be allowed. It is submiƩed that, therefore, on the basis of the above said leƩers the peƟƟoner has not got 1st ACP during the period of 01.01.2016 to 28.10.2016 so the peƟƟoner is not enƟtled the benefit of above said leƩers regarding fixaƟon of pay and exercised of opƟon. It is accordingly prayed that the present writ peƟƟon be dismissed. 10. 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 no merit in the submissions advanced on behalf of the respondent-State. 12. The peƟƟoner was appointed as Conductor on regular basis on 29.07.2008. Thus, as per the relevant 2016 ACP Rules, peƟƟoner is enƟtled to grant of first ACP aŌer 8 years of saƟsfactory regular service i.e. w.e.f. 01.08.2016. It is the contenƟon of the respondents that the peƟƟoner cannot be granted first ACP from 1.8.2016 and has been granted first ACP from 01.11.2018 as case of embezzlement of ₹20/- was pending against the peƟƟoner. However, it is not disputed by the respondents that in respect of the said alleged case of embezzlement, a charge sheet was issued to the peƟƟoner only on dated 23.08.2016 (Annexure P-7) viz aŌer the date when ACP became NEELAM KUMARI 2026.07.16 12:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-21837-2020 (O&M) - 6 - due on 1.8.2016. Moreover, said chargesheet was issued for imposiƟon of minor penalty of fine of ₹2,000/-. Needless to say, since minor penalty chargesheet was issued, on 23.08.2016 i.e. aŌer peƟƟoner had already completed 8 years of saƟsfactory, regular service on 01.08.2016, therefore, peƟƟoner would be enƟtled to first ACP from 01.08.2016. At the risk of repeƟƟon, it is reiterated that as the peƟƟoner had never been issued any chargesheet before compleƟng 8 years of saƟsfactory regular service on 01.08.2016, therefore, peƟƟoner is enƟtled for first ACP scale w.e.f. 01.08.2016 itself upon compleƟon of 8 years of saƟsfactory regular service. 13. As a corollary to the above, it would naturally flow that peƟƟoner would be also enƟtled to re-exercise his opƟon in view of the leƩers dated 16.06.2017 (Annexure P-3) and 08.06.2020 (Annexure P-4) as per which Finance Department, Haryana has allowed re-exercise opƟon in terms of Rule 17 of the HCS, ACP Rules 2016 to those persons who have been granted first ACP between 01.01.2016 to 28.10.2016. The opportunity to re-exercise opƟon has again been granted by the Finance Department vide leƩer dated 08.06.2020 (Annexure P-4) “regarding fixaƟon of pay in revised pay structure where promoƟon/increment/ ACP falls between 01.06.2016 to 28.10.2016 - Re-exercise of opƟon.” 14. ConsequenƟally, present writ peƟƟon stands allowed. The impugned order dated 30.10.2019 (Annexure P-2) whereby peƟƟoner has been wrongly granted first ACP only w.e.f. 31.10.2018 instead of 01.08.2016; and the impugned order dated 08.09.2020 (Annexure P-6) whereby claim of the peƟƟoner to re-exercise opƟon, are set aside. The respondents are directed to NEELAM KUMARI 2026.07.16 12:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-21837-2020 (O&M) - 7 - grant the first ACP to the peƟƟoner w.e.f 01.08.2016; and grant benefit of re- exercise of opƟon to the peƟƟoner in accordance with law. 16. Pending applicaƟon(s), if any, also stands disposed of. ( NIDHI GUPTA ) 14.07.2026 JUDGE Neelam Whether speaking /reasoned Yes / No Whether Reportable Yes / No NEELAM KUMARI 2026.07.16 12:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh