2009 INSC 0471
                                    SUPREME COURT OF INDIA

                                              State of Haryana

                                                      Vs.

                                                Daljeet Singh

                                           C.A.No. 1353 of 2009

                                     (D.K. Jain and R.M. Lodha JJ.)

                                                  02.03.2009

                                                   ORDER

1. No one appears for the respondent. Leave granted. We find 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.1) and connected matters. Vide judgment and order dated August 02, 2006 reported in,
the appeals filed by the State have been partly allowed with the following directions :

        "In 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 Government. Consequently, the appeals are partly allowed
        with no order as to costs."

2. Learned 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.

12006 (12) SCALE 440

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