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Haryana Power Generation Corporation Ltd. Vs. Harkesh Chand [07/01/13]

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[Civil Appeal No. 100 of 2013 arising out of S.L.P. (C) No. 29987 of 2010]. 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. 865 of 2010 whereby the Division Bench concurred with the view expressed by the learned single Judge in CWP No.1383 of 2009 where under the respondents were held entitled for grant of Assured Career Progression Scale (for short "the ACP Scale") on completion of ten years of service which included training as apprentice. 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 completion of twenty years of service on the base that their period of training as apprentice had to be taken into consideration. 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. On completion of ten years from the date they entered the service as trainees, the first ACP Scale was granted to them. However, when conferring of the benefit of the second ACP Scale arose, the same was not extended to them.

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