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2025 DAILYLAW 85638 (PNJ)

SURESH KUMAR v. STATE OF HARYANA AND OTHERS

CWP/22393/2025 · 2025-08-18

Tribhuvan Dahiya

body2025

Judgment text

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CWP-22393-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 117 CWP-22393-2025 Date of Decision: 18.08.2025 Suresh Kumar ... Petitioner Versus State of Haryana and Others ... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. S.K. Bhar, Advocate for the petitioner. Ms. Tanushree Gupta, Senior Deputy Advocate General, Haryana. TRIBHUVAN DAHIYA , J. (ORAL) This petition has been filed inter alia seeking a writ of certiorari quashing the order dated 20.05.2025, Annexure P-8, whereby the petitioner’s claim for granting the benefit of 3rd ACP on completion of twenty-four years of regular satisfactory service has been declined. 2. Learned State counsel has received instructions from the Department vide memo dated 14.08.2025, which is retained on the case file as Annexure-A. By referring to the same, she contended that the petitioner was appointed as Social Science Master in the Department on 30.03.1993 and was later promoted on 20.12.2008 as PGT Geography. He was granted first ACP Grade with effect from 01.04.2003, second ACP Grade with effect from 01.04.2013, and became entitled to third ACP Grade on completion of CHIRANJEEV SINGH 2025.08.25 11:33 I attest to the accuracy and integrity of this document CWP-22393-2025 2 twenty-four years of service on 31.03.2017. Note 3 of the Haryana Civil Services (Assured Career Progression) Rules 2016, however, prescribes the benefit is to be granted from first day of the following month. It reads as under : Note-3.- ACP Level will be granted from the 1st day of the following month in which a Government employee becomes eligible for the same. 3. The petitioner attained the age of superannuation, i.e., 31.03.2017, and in terms of Note-3 the benefit became inadmissible as the third ACP Grade could only be given from the first day of the following month, i.e., with effect from 01.04.2017, but by that time he had already retired from service. 4. Learned counsel for the petitioner has not been able to dispute the facts aforementioned, but has relied upon Note-4 of Rule 8 of the Rules to claim the benefit. Note-4 is to the following effect : Note 4.- Where there is no promotional post in the hierarchy, in such case the ACP Level shall be granted on completion of prescribed regular satisfactory service only. 5. Apparently, the Note is to the effect that in the absence of promotional post in the hierarchy, the employee will be entitled to ACP Level on completion of the prescribed regular service only. There is no dispute about the petitioner’s completion of regular satisfactory service, however, the benefit has not been found admissible on account of Note-3, which allows the benefit only from first day of the following month in which the employee becomes entitled to it. And Note-4 has no over-riding effect over Note-3. CHIRANJEEV SINGH 2025.08.25 11:33 I attest to the accuracy and integrity of this document CWP-22393-2025 3 6. Accordingly, there is no merit in the petition and the same stands dismissed. (TRIBHUVAN DAHIYA) JUDGE 18.08.2025 Chiranjeev Whether speaking/reasoned : Yes/No Whether reportable : Yes/No CHIRANJEEV SINGH 2025.08.25 11:33 I attest to the accuracy and integrity of this document