PREM LATA Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) Admittedly, the first prayer has been rendered infructuous and requires no determination. The correct amount of DCRG has been released, which is Rs. 71,000/- and not Rs. 91,000/- mentioned in the prayer clause.

(2.) Thereafter, it appears that the Department mistakenly granted the ACP benefits on completion of 10 years of service. On discovery of mistake, the benefit was withdrawn, which led to reduction in pay. It transpired that in 2003, the petitioner's turn came again for consideration for promotion from the post of JBT to Head Mistress. She accepted the offer of promotion this time.

(3.) On the other hand, Ms. Shruti Jain Goel, AAG, Haryana, per contra has placed reliance on a decision of the Division Bench of this Court in Rakesh Kumar Vs. State of Haryana & others, 2010 1 SCT 443 , where Rule 11 fell for consideration. The Bench relied upon earlier case law of the Supreme Court and this Court noticed in the judgment and held as follows: