(1) Lpa No.2065 of 2012 (Oandm) Vs. Dhoop Singh and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1047913
CourtPunjab and Haryana High Court
Decided OnApr-01-2013
Appellant(1) Lpa No.2065 of 2012 (Oandm)
RespondentDhoop Singh and Others
Excerpt:
lpa no.2065 of 2012 (o&m) [1].lpa no.51 of 2013 (o&m) lpa no.129 of 2013 (o&m) ***** in the high court of punjab and haryana at chandigarh (1) lpa no.2065 of 2012 (o&m) date of decision:01.04.2013 the state of haryana and others ...appellants versus devi singh and others ...respondents (2) lpa no.51 of 2013 (o&m) date of decision:01.04.2013 the state of haryana and others ...appellants versus dhoop singh and others ...respondents (3) lpa no.129 of 2013 (o&m) date of decision:01.04.2013 the state of haryana and others ...appellants versus pushpa devi and others ...respondents coram: hon'ble mr.justice a.k.sikri, chief justice hon'ble mr.justice rakesh kumar jain present: mr.b.s.rana, addl. a.g., haryana. mr.r.n.sharma, advocate, for the respondents. ***** rakesh kumar jain, j. by way of this order, we shall dispose of three appeals being lpa no.2065 of 2012 (o&m) [2].lpa no.51 of 2013 (o&m) lpa no.129 of 2013 (o&m) ***** lpa nos.2065 of 2012, 51 & 129 of 2013 as the same are inter-connected. however, the facts are being extracted from lpa no.129 of 2013. the case of the appellants is that the respondents were initially appointed as jbt teachers and promoted as head teachers in the year 1988, 1989, 1990 and 1993 in the functional pay scale of `1400- 2600, which was revised to `5500-9000 w.e.f.01.01.1996. in order to remove the stagnation of its employees of group `c' and `d' categories in the matter of pay, the haryana government had provided some relief in the shape of making the pay scales open ended, granting additional increments at 10th and 20th year point in the pay scale and additional increments after 8th and 18 years.service. the finance department, vide its letter dated 08.02.1994, granted the higher standard scale w.e.f.01.01.1994 by which every employee of group `c' and `d' categories, who had not got any promotional scale/higher time scale/selection grade in his service career and had completed ten years or more but less than 20 years of regular satisfactory service before 01.01.1994 was allowed the 1st higher standard scale specified in column 3 of the letter dated 08.02.1994 in place of his present pay scale and the employee who had completed 20 years or more of regular satisfactory service before 01.01.1994, was allowed the 2nd higher standard scale specified in column 4 of the letter dated 08.02.1994. the scheme of assured career progression (acp) was evolved by the central fifth pay commission and the higher standard scale scheme was replaced by this scheme at the time of revision of pay scales lpa no.2065 of 2012 (o&m) [3].lpa no.51 of 2013 (o&m) lpa no.129 of 2013 (o&m) ***** w.e.f.01.01.1996. this scheme was notified under the haryana civil services (acp) rules, 1998, which provided for the facility of assured career progression grades on completion of ten years and twenty years regular and satisfactory service with reference to their firs.entry in the government service. the government of haryana, department of finance, issued a notification dated 07.01.1998, regarding the haryana civil services (acp) rules, 1998 to give financial upgradation. the respondents, who were working as head teachers.were promoted to the said post as there is no provision of direct recruitment as head teacher in the relevant rules. the respondents were initially appointed as jbt teachers and subsequently they were promoted to the post of head teacher. before 01.01.1996, the pay scale for the post of jbt teacher was `1200-2040 which was further revised to `4500-7000. as per notification dated 07.01.1998, the respondents were granted the higher pay scale of `6500-9900 on completion of ten years regular and satisfactory service from the date of their promotion to the post of head teacher. however, the respondents, vide notification dated 18.07.2001, has modified the grade and accordingly amended the notification dated 07.01.1998 holding that the respondents are not entitled to the grade of `6500-9900. the appellants, thus, issued orders dated 12.02.2002 by which pay of the respondents was reduced and recovery was ordered on the ground that the revision of pay does not entitle them to the assured career progression grade after completion of 10 years of regular service which they have earlier been granted, as it is made for the direct recruits lpa no.2065 of 2012 (o&m) [4].lpa no.51 of 2013 (o&m) lpa no.129 of 2013 (o&m) ***** and not for the promotees like the respondents. the sum and substance of the argument raised by learned counsel for the appellants is that as the respondents are not directly recruited on the post of head teacher and were promoted, in terms of rule 5 of the haryana civil services (acp) rules, 1998, only the direct recruits/fresh entrants are entitled to the financial upgradation after completion of 10 years and 20 years regular and satisfactory service and not the promotees. on the other hand, learned counsel for the respondents has submitted that since there is no direct recruitment to the post of head teachers and they are only promoted to the said post, they would not get any benefit of the acp scheme if the above rules is to be followed. he further submitted that the head teachers had been treated as an independent entity and their appointment to the said post has to be treated as a fresh appointment from the date of their holding that post. had it been the intention of the state not to grant the benefit of acp grade to the head teachers and grant was for the jbt teachers alone, then they were to delete the entry in the notification of the scales of head teacher and substitute it by the scales of jbt teacher, which has not been done, rather the benefit of acp grade had been extended to the jbt teachers vide notification dated 18.07.2001 which was not earlier granted to them. this notification has no effect insofar as the respondents are concerned. we have heard learned counsel for the parties and perused the record. lpa no.2065 of 2012 (o&m) [5].lpa no.51 of 2013 (o&m) lpa no.129 of 2013 (o&m) ***** it is not in dispute that the post of head teacher is not coming within the purview of `direct recruitment' and is rather a promotional post. in the haryana civil services (assured progression) rules, 1998, at item no.25 of annexure-a, it has been provided that the acp grade has to be granted to the head teachers after completion of 10 years and 20 years regular and satisfactory service. by way of notification dated 18.07.2001, the scales of jbt teacher has been added and the scales of head teachers has also been maintained therein. had it been the intention of the appellants that the head teachers were not to be paid the acp grade, their entry which has been independently mentioned, would have been deleted. in this view of the matter, we are in full agreement with the reasoning adopted by the learned single judge while quashing the impugned order(s) and finding no legal error to tinker with the judgment of the learned single judge, all the present three appeals are hereby dismissed. (a.k.sikri) (rakesh kumar jain) chief justice judge april 01, 2013 vinod*
Judgment:

LPA No.2065 of 2012 (O&M) [1].LPA No.51 of 2013 (O&M) LPA No.129 of 2013 (O&M) ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) LPA No.2065 of 2012 (O&M) Date of Decision:01.04.2013 The State of Haryana and others ...Appellants versus Devi Singh and others ...Respondents (2) LPA No.51 of 2013 (O&M) Date of Decision:01.04.2013 The State of Haryana and others ...Appellants versus Dhoop Singh and others ...Respondents (3) LPA No.129 of 2013 (O&M) Date of Decision:01.04.2013 The State of Haryana and others ...Appellants versus Pushpa Devi and others ...Respondents CORAM: Hon'ble Mr.Justice A.K.Sikri, Chief Justice Hon'ble Mr.Justice Rakesh Kumar Jain Present: Mr.B.S.Rana, Addl.

A.G., Haryana.

Mr.R.N.Sharma, Advocate, for the respondents.

***** Rakesh Kumar Jain, J.

By way of this order, we shall dispose of three appeals being LPA No.2065 of 2012 (O&M) [2].LPA No.51 of 2013 (O&M) LPA No.129 of 2013 (O&M) ***** LPA Nos.2065 of 2012, 51 & 129 of 2013 as the same are inter-connected.

However, the facts are being extracted from LPA No.129 of 2013.

The case of the appellants is that the respondents were initially appointed as JBT Teachers and promoted as Head Teachers in the year 1988, 1989, 1990 and 1993 in the functional pay scale of `1400- 2600, which was revised to `5500-9000 w.e.f.01.01.1996.

In order to remove the stagnation of its employees of Group `C' and `D' categories in the matter of pay, the Haryana Government had provided some relief in the shape of making the pay scales open ended, granting additional increments at 10th and 20th year point in the pay scale and additional increments after 8th and 18 yeaRs.service.

The Finance Department, vide its letter dated 08.02.1994, granted the Higher Standard Scale w.e.f.01.01.1994 by which every employee of Group `C' and `D' categories, who had not got any promotional scale/higher time scale/selection grade in his service career and had completed ten years or more but less than 20 years of regular satisfactory service before 01.01.1994 was allowed the 1st Higher Standard Scale specified in column 3 of the letter dated 08.02.1994 in place of his present pay scale and the employee who had completed 20 years or more of regular satisfactory service before 01.01.1994, was allowed the 2nd Higher Standard Scale specified in column 4 of the letter dated 08.02.1994.

The scheme of Assured Career Progression (ACP) was evolved by the Central Fifth Pay Commission and the Higher Standard Scale Scheme was replaced by this scheme at the time of revision of pay scales LPA No.2065 of 2012 (O&M) [3].LPA No.51 of 2013 (O&M) LPA No.129 of 2013 (O&M) ***** w.e.f.01.01.1996.

This scheme was notified under the Haryana Civil Services (ACP) Rules, 1998, which provided for the facility of Assured Career Progression grades on completion of ten years and twenty years regular and satisfactory service with reference to their fiRs.entry in the Government service.

The Government of Haryana, Department of Finance, issued a notification dated 07.01.1998, regarding the Haryana Civil Services (ACP) Rules, 1998 to give financial upgradation.

The respondents, who were working as Head TeacheRs.were promoted to the said post as there is no provision of direct recruitment as Head Teacher in the relevant Rules.

The respondents were initially appointed as JBT Teachers and subsequently they were promoted to the post of Head Teacher.

Before 01.01.1996, the pay scale for the post of JBT Teacher was `1200-2040 which was further revised to `4500-7000.

As per notification dated 07.01.1998, the respondents were granted the Higher Pay Scale of `6500-9900 on completion of ten years regular and satisfactory service from the date of their promotion to the post of Head Teacher.

However, the respondents, vide notification dated 18.07.2001, has modified the grade and accordingly amended the notification dated 07.01.1998 holding that the respondents are not entitled to the grade of `6500-9900.

The appellants, thus, issued orders dated 12.02.2002 by which pay of the respondents was reduced and recovery was ordered on the ground that the revision of pay does not entitle them to the Assured Career Progression grade after completion of 10 years of regular service which they have earlier been granted, as it is made for the direct recruits LPA No.2065 of 2012 (O&M) [4].LPA No.51 of 2013 (O&M) LPA No.129 of 2013 (O&M) ***** and not for the promotees like the respondents.

The sum and substance of the argument raised by learned counsel for the appellants is that as the respondents are not directly recruited on the post of Head Teacher and were promoted, in terms of Rule 5 of the Haryana Civil Services (ACP) Rules, 1998, only the direct recruits/fresh entrants are entitled to the financial upgradation after completion of 10 years and 20 years regular and satisfactory service and not the promotees.

On the other hand, learned counsel for the respondents has submitted that since there is no direct recruitment to the post of Head Teachers and they are only promoted to the said post, they would not get any benefit of the ACP scheme if the above Rules is to be followed.

He further submitted that the Head Teachers had been treated as an independent entity and their appointment to the said post has to be treated as a fresh appointment from the date of their holding that post.

Had it been the intention of the State not to grant the benefit of ACP grade to the Head Teachers and grant was for the JBT Teachers alone, then they were to delete the entry in the notification of the scales of Head Teacher and substitute it by the scales of JBT Teacher, which has not been done, rather the benefit of ACP grade had been extended to the JBT Teachers vide notification dated 18.07.2001 which was not earlier granted to them.

This notification has no effect insofar as the respondents are concerned.

We have heard learned counsel for the parties and perused the record.

LPA No.2065 of 2012 (O&M) [5].LPA No.51 of 2013 (O&M) LPA No.129 of 2013 (O&M) ***** It is not in dispute that the post of Head Teacher is not coming within the purview of `direct recruitment' and is rather a promotional post.

In the Haryana Civil Services (Assured Progression) Rules, 1998, at Item No.25 of Annexure-A, it has been provided that the ACP grade has to be granted to the Head Teachers after completion of 10 years and 20 years regular and satisfactory service.

By way of notification dated 18.07.2001, the scales of JBT Teacher has been added and the scales of Head Teachers has also been maintained therein.

Had it been the intention of the appellants that the Head Teachers were not to be paid the ACP grade, their entry which has been independently mentioned, would have been deleted.

In this view of the matter, we are in full agreement with the reasoning adopted by the learned Single judge while quashing the impugned order(s) and finding no legal error to tinker with the judgment of the learned Single Judge, all the present three appeals are hereby dismissed.

(A.K.Sikri) (Rakesh Kumar Jain) Chief Justice Judge April 01, 2013 vinod*