- (1.) Leave granted.
(2.) The present appeal by special leave is directed against the judgment and order dated 26th July, 2010 passed by the High Court of Punjab and Haryana at Chandigarh in LPA No. 865 of 2010 whereby the Division Bench concurred with the view expressed by the learned single Judge in CWP No. 1383 of 2009 whereunder the respondents were held entitled for grant of Assured Career Progression Scale (for short "the ACP Scale") on completion of ten years of service which included training as apprentice.
(3.) The facts as have been undraped are that the three respondents invoked the writ jurisdiction of the High Court claiming the benefit of the second ACP Scale on completion of twenty years of service on the base that their period of training as apprentice had to be taken into consideration. Such a claim was founded on the assertion that they had joined as trainees between 17.4.1987 to 30.4.1987 and were subsequently absorbed and brought into the cadre. On completion of ten years from the date they entered the service as trainees, the first ACP Scale was granted to them. However, when conferring of the benefit of the second ACP Scale arose, the same was not extended to them. The said action of the employer compelled them to knock at the doors of the High Court and during the pendency of the writ petition, by proceeding dated 23.4.2009, the benefits conferred under the first ACP Scale was withdrawn referring to a notification issued on 11.3.1990 which stipulated in clause (4) that the trainees referred to therein would be entitled to increment only on successful completion of their training and in case of Plant Attendant Grade-II and Technician Grade- II, increment on successful completion of training would be granted but without arrears. Though the writ petition was confined to grant of the second ACP Scale, yet the learned single Judge required the counsel for both the sides to address about the justifiability of withdrawal of the benefit of the first ACP Scale and decided both the facets. The said exercise was undertaken by the learned single Judge as the primal issue in respect of both the ACP Scales rested on the question whether the period spent during training could be counted towards regular satisfactory service or not.;