- (1.) This order will dispose of Civil Writ Petitions Nos. 12954 and 4 of 1999, and 9585 of 2000 as all the three petitions involve a common question of law, namely, whether the Haryana Civil Services (Assured Career Progression) Rules, 1998 (hereinafter to be referred as ACP Rules), will not apply to a person who had already got any financial upgradation as on 31.12.1995 or to a person who was a promotee. Further question is, whether the provisions of rule 2(2)(h) of the Haryana Civil Services (Revised Pay) Rules, 1998 (hereinafter to be referred to Revised Pay Rules) to the extent they result in denial of equal pay to the persons of the same cadre are valid.
(2.) Though facts are identical, but the same, for the purpose of this judgment are being taken from Civil Writ Petition No. 12954 of 1999. The petitioner was appointed on 16.1.1976 and as on 31.12.1997, he was in the pay scale of 4100-5300. The pay scales of the employees of the Haryana Government were revised with effect from 1.1.1996 vide Revised Pay Rules notified on 1.1.1998 which provided the revised pay scales in place of the existing pay scales. Relevant part of the said Rules (sic) rule 2(2)(h) and rule 3(m)(c) and (d) are quoted below :- (2) These rules shall not apply to :- (a) to (g) xxx xxx xxx xxx (h) Government servants who are drawing their pay in a pay scale as personal measure (other than the functional pay scale prescribed for the post held by the Government servant) with effect from the date on which he started drawing his pay in the pay scale as a personal measure and till the time he drew his pay in the pay scale as a personal measure;" (3) Definitions. - In these rules, unless the context otherwise requires, (m) "pay scale as a personal measure to the Government servant" means any scale of pay in which the Government servant is drawing his salary, other than the existing scale (as defined in this rule), including the pay scale granted based on the length of service or the pay scale granted for possessing additional qualification etc." (c) "existing scale" in relation to any post or any Government servant means the functional pay scale as on 31st December, 1995 prescribed for the post or the post held by the Government servant, as the case may be. Explanation - ... ... ... ... ... (d) "functional pay scale" in relation to a Government servant means the pay scale which is prescribed for the post held by the Government servant. It does not mean any other pay scale in which the Government servant is drawing his pay as a personal measure to him with any other justification like based on length of service, or on higher/additional qualification or on upgradation of pay scale due to any other reason. Provided that where functional pay scales have not been provided to the posts in any cadre and the cadre is not stratified in terms of posts in the hierarchy along with specified different functional pay scales, as in case of Haryana Civil Services (Executive) the pay scale based on the position of Government servant in the cadre shall be deemed to be the functional pay scale for the purposes of these rules.
(3.) The ACP Rules were also notified on 7.1.1998 which were deemed to have come into force on 1.1.1996. The object of the said Rules was to provide at least two financial upgradation. There were identical provisions prior to the said Rules also. However, under rule 5, it was stated that the benefit of the said scales will be confined to those who had not got financial upgradation as on 31.12.1995 and rule 8(3) provided that those who had already been granted upgradation shall be deemed to have been granted the said upgradation under the ACP Rules. Schedule 1 to the extent relevant is as under :- JUDGEMENT_149_LAWS(P&H)11_2001.htm;