HT ki promotion na lene walo ko bhi ACP mila,court case copy

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
1) C.O.C.P.No.3001 of 2011 (O&M)
Ved Parkash and others
....Petitioners
Versus
Abhay Singh Yadav and another
...Respondents
2) C.O.C.P.No.3002 of 2011 (O&M)
Pushpa Devi and others
....Petitioners
Versus
Abhay Singh Yadav and another
...Respondents
3) C.O.C.P.No.3003 of 2011 (O&M)
Mahinder Singh Mehla and others
....Petitioners
Versus
Abhay Singh Yadav and another
...Respondents
4) C.O.C.P.No.3004 of 2011 (O&M)
Jai Gopal and others
....Petitioners
Versus
Abhay Singh Yadav and another
...Respondents
5) C.O.C.P.No.3005 of 2011 (O&M)

Anshu Mala Sharma and others
....Petitioners
Versus
Abhay Singh Yadav and another
...Respondents
C.O.C.P.No.3001 of 2011 (O&M) -2-
6) C.O.C.P.No.3006 of 2011 (O&M)
Sneh Lata and others
....Petitioners
Versus
Abhay Singh Yadav and another
...Respondents
7) C.O.C.P.No.3007 of 2011 (O&M)
Ram Kishan and others
....Petitioners
Versus
Abhay Singh Yadav and another
...Respondents
8) C.O.C.P.No.3008 of 2011 (O&M)
Shakuntla Nijhawan and others
....Petitioners
Versus
Abhay Singh Yadav and another
...Respondents
9) C.O.C.P.No.3009 of 2011 (O&M)
Kailash Devi and others
....Petitioners
Versus
Abhay Singh Yadav and another
...Respondents
10) C.O.C.P.No.3010 of 2011 (O&M)
Partap Singh and others
....Petitioners
Versus
Abhay Singh Yadav and another
...Respondents
11) C.O.C.P.No.2924 of 2011 (O&M)
Kamlesh Kumari
C.O.C.P.No.3001 of 2011 (O&M) -3-
....Petitioner
Versus
Abhay Singh Yadav and another
...Respondents
Date of decision : 3.9.2012
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
....
Present: Mr.H.N.Khanduja, Advocate
for the petitioners.
Ms.Meenakshi Verma, Addl.Advocate General,
Haryana, for the respondents.
.....
MAHESH GROVER, J.
This order will dispose of COCP Nos. 2924 & 3001 to
3010 of 2011.
The petitioners had made a grievance of the
withdrawal of Assured Career Progression benefits and the
consequential fall out of their pensionary benefits. This Court had
accepted their prayer and had held the action of the respondents
to be bad. Pursuant thereto the respondents were required to
reconsider the matter and restore the benefits of Assured Career
Progression Scale which was erroneously withdrawn.
The petitioners alleged violation of the order of this
Court while the respondents justified the delay in execution of the
order by attributing it to the pendency of Special Leave Petition
which they had preferred against the judgment of this Court
C.O.C.P.No.3001 of 2011 (O&M) -4-
which, however, now stands dismissed on 27.8.2012.
Reply has now been submitted to the instant petition
indicating that out of a total of 77 similarly situated persons, who
were the writ petitioners before this Court, the cases of 70 are at
an advance stage of conclusion in so far as revised benefits are
concerned. The detail of the arrears of pay of these 70 persons
has been prepared and is being submitted to the District Treasury
Officer through a special messenger. Similarly out of the cases of
7, in the cases of 6 persons services books have been collected
and the matter regarding revision of their pay is under process
which is likely to be concluded shortly. In the case of one person,
namely, Yog Dhyan it has been stated that his ACP scale was
never withdrawn and, therefore, he is not entitled to the refixation
of his pay. In the cases of 51 persons, who were writ
petitioners and who were also retired from service, the
appropriate action in this regard is also being taken and is likely
to be concluded shortly.
The contents of the affidavit have largely satisfied the
grievance of the petitioners and in view of the aforesaid, the rule
against the respondents is discharged. However, it is made clear
that since the process has been initiated, the respondents shall
make all endeavour to conclude the same and release the benefits
C.O.C.P.No.3001 of 2011 (O&M) -5-
to the petitioners positively within a period of one month from
today.
All the petitions stand disposed of.
3.9.2012 (MAHESH GROVER)
JUDGE
dss