KARAN SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner was working as a Work Munshi with the respondent department on work charge basis. On account of implementation of the Haryana Civil Services (Assured Career Progression) Rules, 1998 (in short 'ACP Rules of 1998'), the pay of the petitioner was fixed with effect from 1.1.1996 in the revised pay scale of Rs. 4000-6000. The date of increment of the petitioner was otherwise to fall due on 1st of May every year. Thereafter, he was granted first and second assured career progression (in short 'ACP') with effect from 1.1.1996 and 1.12.2003 respectively on completion of 10 and 20 years of regular service. The petitioner retired from service on 31.12.2013. Thereafter, vide order dated 18.3.2014 (Annexure-P-2), the pay of the petitioner was re-fixed and reduced. Aggrieved by the said order, the petitioner approached this Court by way of filing CWP No. 11596 of 2014, wherein this Court passed the order dated 30.5.2014 (Annexure-P-3), vide which the impugned order dated 18.3.2014 (Annexure-P-2) was kept in abeyance and the respondents were directed to issue show cause notice to the petitioner and consider the same and pass a speaking order. Consequently, after issuing the show cause notice, the order dated 16.1.2015 (Annexure-P-9) was passed whereby the respondents justified the re-fixation of the pay on the ground that Rule 4.4 (C)(i) of Haryana Civil Services Rules, Volume-1, Part-1, is applicable to the case of the petitioner and his pay has been re-fixed and it was denied that Rule 16 of the Rules of 1998 is applicable to the present case. In the written statement also, the similar stand was taken to justify the action.

(2.) I have heard the learned counsels for the parties and have also carefully gone through the file.

(3.) Rule 4.4 (C) (i) Haryana Civil Services Rules, Volume-1, Part- 1, is reproduced as under:-