Supreme Court Partly Allows Appeal Regarding ACP Scale Entitlement. The court reiterated the necessity for timely pay revisions and clarified that no refunds would be demanded from employees under the revised pay structure.

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Case Note & Summary

The dispute arose regarding the entitlement of the respondent to the ACP Scale under the Haryana Government's pay structure. The State of Haryana appealed against the decision concerning the respondent's claim for the ACP Scale. The Supreme Court noted that the issue was previously adjudicated in a related case, C.A. No. 3250 of 2006, where the court had directed the State to revise pay scales and ensure that no employee received a lesser salary than their juniors. The court emphasized the need for timely compliance with the pay revision orders, mandating that any necessary adjustments be made within two months of the order's receipt. The court also ruled that the government could not demand refunds from employees who might have received excess amounts due to the pay scale adjustments. The appeal was partly allowed, aligning with the earlier judgment, and no costs were awarded. The decision underscored the importance of equitable pay practices within the government service framework.

Headnote

A) Service Law - ACP Scale Entitlement - Right to ACP Scale - Haryana Government Employees - The court addressed the entitlement of the respondent to the ACP Scale, referencing a prior judgment that established the procedure for pay revision and salary adjustments among employees. The court directed that revised pay scales be implemented within two months and clarified that no refunds would be demanded from employees. Held that the appeal is partly allowed in accordance with the previous judgment (Paras 1-1).

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Issue of Consideration

Whether the respondent is entitled to get the ACP Scale

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Final Decision

The appeal was partly allowed in terms of the previous judgment, with directions for compliance regarding pay scale revisions and no refunds to be demanded from employees.

Law Points

  • ACP Scale entitlement
  • pay revision
  • salary stepping up
  • no refund of amounts
  • directions for compliance
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Case Details

2009 LawText (SC) (03) 25

Civil Appeal No. 1353 of 2009

2009-03-02

D.K. Jain, R.M. Lodha

State of Haryana & Ors.

Daljeet Singh

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Nature of Litigation

Civil appeal regarding entitlement to ACP Scale

Remedy Sought

The appellant sought to contest the entitlement of the respondent to the ACP Scale

Previous Decisions

The issue was previously decided in C.A. No. 3250 of 2006

Issues

Entitlement to ACP Scale Implementation of pay revision

Submissions/Arguments

The decision in C.A. No. 3250 of 2006 applies to the current case

Ratio Decidendi

The court established that employees are entitled to revised pay scales without facing salary reductions compared to juniors, and that no refunds should be demanded for prior excess payments.

Judgment Excerpts

The issue raised in this appeal, viz, whether the respondent is entitled to get the ACP Scale, is no more res integra. In the result, all the appeals are partly allowed.

Procedural History

The appeal arose from SLP (CIVIL) No. 9379/2006, leading to the Supreme Court's consideration of the entitlement to the ACP Scale.

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