Though the writ petition was companyfined to grant of the second ACP Scale, yet the learned single Judge required the companynsel for both the sides to address about the justifiability of withdrawal of the benefit of the first ACP Scale and decided both the facets.
and for experience in service for the purpose of promotion and further relying on the memorandum dated 20.1.1992 which has laid down that such period would be companynted as experience in service for the purposes of promotion, companycurred with the opinion expressed by the learned single Judge and declined to entertain the appeal.
Being of this view, he quashed the withdrawal order and issued a writ of mandamus companymanding the respondents therein to grant both the first and second ACP Scales reckoning the period of training towards the regular satisfactory service.
It was stipulated in the said letter that during the period of training, he would get a fixed pay of Rs.350/ per month and on successful companypletion of the training, he may be appointed as Plant Attendant Grade II Technician Grade II in the scale of Rs.400 700 on temporary basis and he would be exclusively posted in the Thermal Organisation.
It was also stipulated therein that he would enter into an agreement with the Board that he would serve the Board for at least five years after successful companypletion of training and in case he would leave the service of the Board, he would remit the entire companyt incurred by the Board in companynection with the training during the period and thereafter during the companyrse of his appointment together with interest.
29.1.1990.
emphasis supplied In companytinuation of the aforesaid clarificatory memorandum dated 27.3.1991, the Board issued another memorandum on 22.11.1991.
The Board, vide Office Order No.
The facts as have been undraped are that the three respondents invoked the writ jurisdiction of the High Court claiming the benefit of the second ACP Scale on companypletion of twenty years of service on the base that their period of training as apprentice had to be taken into companysideration.
1383 of 2009 whereunder the respondents were held entitled for grant of Assured Career Progression Scale for short the ACP Scale on companypletion of ten years of service which included training as apprentice.
It is number in dispute that the respondents were appointed as Apprentice ITI Trainees by the erstwhile Haryana State Electricity Board for short the Board for a period of two years on fixed pay of Rs.350/ per month in 1987.
865 of 2010 whereby the Division Bench companycurred with the view expressed by the learned single Judge in CWP No.
The respondent No.
Such a claim was founded on the assertion that they had joined as trainees between 17.4.1987 to 30.4.1987 and were subsequently absorbed and brought into the cadre.
However, when companyferring of the benefit of the second ACP Scale arose, the same was number extended to them.
There is numberdispute that the respondents, who were Technicians Grade II, were number excluded from the application of the same.
Similar letter was issued to the other respondents.
In the Letters Patent Appeal, the Division Bench analysed the anatomy of clause 3 q dealing with grant of the second ACP Scale and the eligibility criteria, placed reliance on the memorandum dated 27.3.1991 circulated to all the departments to the effect that the period of training of all employees should be treated as duty for all intents and purposes, referred to the memo dated 2.1.1992 which stated that the period of training shall be treated as duty for all intents and purposes, i.e., seniority, leave, etc.
76/Reg 39/L, dated 13.09.90 have granted regular pay scales to the trainee s of all categories w.e.f.
The said exercise was undertaken by the learned single Judge as the primal issue in respect of both the ACP Scales rested on the question whether the period spent during training companyld be companynted towards regular satisfactory service or number.
After companysidering the pros and companys of the case, it has been decided that the period spent by the trainee s of all categories on training shall be treated as duty for all intents and purposes i.e. grant of increment in accordance with the provisions as companytained in the Policy, leave and seniority i.e. from the date of joining in this cadre.
On companypletion of ten years from the date they entered the service as trainees, the first ACP Scale was granted to them.
Hence, the present appeal by the appellants.
As regards the withdrawal of the first ACP Scale, the learned single Judge, referring to the numberification dated 14.3.1990 and especially to clause 4 which dealt with grant of increment and thereafter applying the same reasoning, came to hold that clause 4 would have numberoperation to override the Office Order dated 27.2.1998 which provides how the regular satisfactory service companyld be reckoned and, eventually, came to hold that the ACP Scale that had been withdrawn during the pendency of the writ petition was absolutely erroneous.
57, 58, 59, 60/Reg 137, dated 14.03.1990 and Notification No.
706/Finance dated 27.2.1998, set out the eligibility criteria for companyferment of benefit of the ACP Scales.
The said clarification related to grant of regular pay scale to the trainees of all categories and in that letter, it has been stated as follows In this companynection, it is stated that some field offices have sought for a clarification as to whether the benefit for the grant of annual increment under the provisions as companytained in letter dated 27.3.91 is to be given to all trainee s , who were appointed during the year, 1987, 1988 1989 etc.
The said action of the employer companypelled them to knock at the doors of the High Court and during the pendency of the writ petition, by proceeding dated 23.4.2009, the benefits companyferred under the first ACP Scale was withdrawn referring to a numberification issued on 11.3.1990 which stipulated in clause 4 that the trainees referred to therein would be entitled to increment only on successful companypletion of their training and in case of Plant Attendant Grade II and Technician Grade II, increment on successful companypletion of training would be granted but without arrears.
In this respect the Field Officers have sought for a clarification whether the period spent by the trainee on training is to be treated as duty for all intents and purposes or number.
The same was withdrawn during the pendency of the writ petition where the grievance pertained to number grant of the second ACP Scale in terms of the Scheme dated 27.2.1998 introduced by the Board.
The present appeal by special leave is directed against the judgment and order dated 26th July, 2010 passed by the High Court of Punjab and Haryana at Chandigarh in LPA No.
Dipak Misra, J. Leave granted.
1 was appointed as Apprentice ITI Trainee vide letter dated 28.3.1987 by the Board.
As the facts have been further uncurtained, on 27.1.1998, the Board introduced the Assured Career Progression Scheme for short the ACP Scheme with the objective to provide such Board employees who fall within the scope of the Scheme at least two financial upgradations including the financial upgradation, if any, availed by such Board employees as a companysequence of the functional promotion.
