Haryana & Ors. Vs. Daljeet Singh  INSC 455 (2 March 2009)
APPELLATE JURISDICTION CIVIL APPEAL NO. 1353 OF 2009 (Arising out of SLP
(CIVIL) No. 9379/2006) State of Haryana & Ors. .. Appellant(s) Versus
Daljeet Singh .. Respondent(s)
appears for the respondent.
that the issue raised in this appeal, viz, whether the respondent is entitled
to get the ACP Scale, is no more res integra. Admittedly, the same question was
considered by this Court in C.A. No. 3250 of 2006 (Commissioner and Secretary
to Government of Haryana & Ors. vs. Ram Sarup Ganda & Ors.) and
connected matters. Vide judgment and order dated August 02, 2006 reported in
2006 (12) SCALE 440, the appeals filed by the State have been partly allowed
with the following directions :
the result, all the appeals are partly allowed. The appellants shall revise the
pay scales of the respondents. In case of any anomaly, if the employees who, on
fixation of ACP scales, are in receipt of lesser salary than their juniors in
the same cadre/post, then their salary shall be stepped up accordingly. Revised
orders shall be passed within a period of two months of the receipt of the copy
of this Order by the Government. However, if upon revision of the pay- scales,
any employee is liable to refund any amount, the Government shall not insist on
refund of such amount. If any employee is entitled to get any amount by way of
pay revision, the said amount shall be made available to him within a period of
six months from the date of receipt of the copy of this order by the
the appeals are partly allowed with no order as to costs."
counsel for the appellants submits that the said decision squarely applies to
the facts in hand. In that view of the matter, this appeal is partly allowed in
terms of the afore-noted judgment. No order as to costs.
...................J. [ D.K. JAIN ]
...................J. [ R.M. LODHA ]
MARCH 02, 2009.