High Court Dismisses Petition for Counting Ad Hoc Service in ACP Scales Due to Supreme Court Precedents. Court ruled that only regularized service is eligible for ACP scales, excluding ad hoc service as per established legal principles.

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Case Note & Summary

The case involved a writ petition filed by Avtar Singh and others seeking the counting of their ad hoc service for the purpose of ACP scales under the 4th Punjab Pay Commission. The petitioners contended that their ad hoc service should be considered in determining their eligibility for ACP scales. However, the court referenced two Supreme Court decisions, namely State of Punjab and others Vs. Harjinder Kaur and others and State of Haryana Vs. Haryana Veterinary & AHTS Association, which clarified that only regularized service is eligible for counting towards ACP scales, explicitly excluding ad hoc service. The court found that the petitioners could not obtain favorable consideration in light of these precedents. Consequently, the writ petition was dismissed, affirming the legal position established by the Supreme Court regarding the counting of service for ACP scales.

Headnote

A) Service Law - Counting of Service for ACP Scales - Exclusion of Ad Hoc Service - Punjab Pay Commission, 4th - The court held that only regularized service is counted for ACP scales, excluding ad hoc service as per Supreme Court precedents. The petitioners' claim was dismissed based on established legal principles. (Paras 1-2).

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Issue of Consideration

Whether ad hoc service can be counted for the purpose of ACP scales.

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Final Decision

The court dismissed the writ petition, affirming that only regularized service is counted for ACP scales, excluding ad hoc service.

Law Points

  • Counting of service
  • ACP scales
  • exclusion of ad hoc service
  • regularized service
  • Supreme Court precedents
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Case Details

C.W.P. No.759 of 1989

2010-05-03

K. Kannan

Manohar Lall

Avtar Singh and others

State of Punjab through the Secretary Government of Education, Punjab, Chandigarh and others

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Nature of Litigation

Writ petition for counting ad hoc service for ACP scales.

Remedy Sought

Counting of ad hoc service for ACP scales.

Filing Reason

To seek favorable consideration for ACP scales based on ad hoc service.

Previous Decisions

Supreme Court decisions excluding ad hoc service from ACP scale calculations.

Issues

Whether ad hoc service can be counted for ACP scales

Submissions/Arguments

Petitioners argued for inclusion of ad hoc service in ACP scales Respondents relied on Supreme Court precedents excluding ad hoc service

Ratio Decidendi

Only regularized service is eligible for counting towards ACP scales, as established by Supreme Court precedents.

Judgment Excerpts

The claim in the writ petition is for counting of ad hoc service for the purpose of ACP scales. The writ petition is, therefore, dismissed.

Procedural History

The writ petition was filed and subsequently dismissed by the High Court.

Acts & Sections

  • Punjab Pay Commission: 4th
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