- (1.) Petitioners have approached this Court by way of instant writ petition filed under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari/mandamus for setting aside order dated 16.11.2012 (P-17) and further prayer is for issuance of direction to the respondents to grant the benefit of entire length of service rendered by the petitioners in HSMITC for the purpose of grant of ACP i.e benefit of pay scale of Rs.7500-13000.
(2.) Petitioners were appointed as Junior Engineers in the Haryana State Minor Irrigation Tubewell Corporation (for short 'HSMITC') on regular basis between the period from 1975 to 1979 and they were sent on deputation in Rural Development and Panchayat Department, Haryana Chandigarh in the year 1996 and were absorbed in that department itself, vide Annexure P-1 and at the time of absorption, the terms and conditions in the appointment letter envisaged that they shall be governed by the terms and conditions set forth. Copy of the order of deputation of petitioners is 01.02.1996 (P-2) and copy of absorption of the petitioners is dated 05.02.2001 (P-3). The pay protection and other monetary benefits were granted to the petitioners but as far as seniority is concerned, it was held that they will be given seniority from the date they joined the Rural Development and Panchayat Department, vide office order dated 20.01.2003 (P-4). Thereafter, Government of Haryana issued notification dated 07.08.1992 wherein it was stipulated that persons who completed 8/18 years of service would be granted additional increments. This was followed by notifications for grant of HSS/ACP relief's on completion of 10/20 years of service. Some of the persons of HSMITC were granted the benefit of previous service, but the same was withdrawn and CWP Nos. 1739, 1740 and 3855 of 1995 were filed by the petitioners praying that the respondents be restrained from withdrawing the said benefit and quashing of the said decision. Vide judgment dated 31.05.1995, this Court allowed the case in favour of the petitioners. In compliance of the above mentioned judgment, respondent No. 3 vide letter dated 16.04.1996 granted the additional increment incorporating the service rendered in HSMITC. Petitioners were also granted the advance increments for promotional scale w.e.f the date of their entitlement by counting their service rendered in HSMITC and their pay was accordingly fixed. They were also extended the benefit of 1 st ACP after computing length of service rendered in HSMITC and even petitioners were extended the benefit of 18 years of service.
(3.) But the relief of ACP scale was not granted to some employees including Deepak Sood and others, who were petitioners in CWP No. 10570 of 2001 and COCP No. 547 of 2002. Another CWP No. 12952 of 2003 was filed for grant of benefit of ACP scale, which was disposed of vide order dated 03.03.2005 in favour of the petitioners by giving direction to the respondents to implement orders passed by the respondent themselves on 08.11.2002 etc granting ACP benefit within a period of two months. But the respondents filed C.M. No. 20329 f 2005 in CWP No. 12952 of 2002 seeking review of the above order dated 03.03.2005 but the application was dismissed on 03.02.2006.;