SUNIL KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This intra-court appeal under Clause X of the Letters Patent is directed against the judgment and order dated 07.09.2018 dismissing the writ petition filed by the appellant herein challenging the order dated 18.06.2010 whereby the first ACP scale granted to him was withdrawn and another order dated 09.11.2015 whereby the representation made by him against the order dated 18.06.2010 was rejected.

(2.) Facts as cull out from the pleadings of the parties are that the appellant herein was appointed as Clerk under ex-gratia appointment policy of the Haryana Government on regular basis on 26.11.1999. Admittedly, the services of the appellant are governed by the Haryana Employment Government (Group C) Service Rules, 1985. The first ACP scale was sanctioned to the appellant-petitioner w.e.f. 01.12.2009 vide order dated 11.03.2010. Subsequently, realizing the ACP scale was granted to him by mistake and he was not eligible, vide order dated 18.06.2010 impugned in the writ petition, the same was withdrawn. One of the essential condition for grant of ACP benefit to a Clerk on completion of 10 years of service was passing of a departmental type test as per the instructions dated 22.10.1997 issued by the Chief Secretary to the Government Haryana. It may also be relevant to extract conditions No. (viii) to (ix) in the appointment letter of the appellant-petitioner which read as under:-

(3.) Admittedly, the appellant-petitioner did not pass the type test till 14.02.2017 and as per the stand of the respondent-State he would be entitled to grant of first ACP scale immediately thereafter but not for any period before that.