KAILASH CHANDER MITTAL Vs. STATE OF HARYANA
LAWS(P&H)-2014-5-194
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 20,2014

Kailash Chander Mittal Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

Augustine George Masih, J. - (1.) PETITIONER has approached this Court praying for issuance of a writ of mandamus granting the revised ACP Scale of Rs. 10,000 -13,900 with effect from the date of his eligibility i.e. 28.11.2001 in terms of the Haryana Civil Services (Assured Career Progression) Rules, 1998 (hereinafter referred to as '1998 Rules') and for the grant of consequential benefit of ACP pay structure of Rs. 15600 -39100 with grade pay of Rs. 6000 w.e.f. 01.01.2006 as per the Haryana Civil Services (Assured Career Progression) Rules, 2008.
(2.) PETITIONER is stated to have been promoted on the post of Sub -Divisional Engineer (Mechanical) on ad -hoc basis w.e.f. 28.11.1996 in compliance of the order passed by this Court in CWP No. 283 of 1997, the date on which his junior Sh. Davinder Chaudhary was promoted to the said post. It has been stated by the respondents in para -2 of the preliminary submissions of the reply that the petitioner and Sh. Davinder Chaudhary were promoted to the post of Sub -Divisional Engineer as a stop -gap arrangement as the post, on which they were promoted, was meant for direct recruitment and there was no vacant quota post for promotees, on which the petitioner or Sh. Davinder Chaudhary could be regularly promoted. As per the 1998 Rules, the requirement for the grant of benefit under the said Rules is regular satisfactory service. Since the petitioner did not fulfil the requirement of the Statutory Rules governing the claim, as has been made by the petitioner, the benefit, as claimed by the petitioner in the present writ petition, cannot be accepted.
(3.) THE writ petition being devoid of merits deserves dismissal.;


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