Ram Chander v. State Of Haryana & ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH (102) Date of Decision : March 04, 2024 Ram Chander .. Petitioner
Versus
State of Haryana and others .. Respondents
CORAM:
HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present:
Mr. Sunil Kumar Bhardwaj, Advocate, for the petitioner. Mr. Harish Nain, Assistant Advocate General, Haryana. HARSIMRAN SINGH SETHI J. (ORAL) CM-2776-CWP-2024
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4.
It is a settled principle of law that any benefit which has been given by the State unless specifically stated to be retrospective, has to be operative prospectively. Further, the schemes/policies which are formulated by the State are applicable upon the employees who are working at the time of the promulgation of the said scheme unless and until, specifically meant to be applicable to the retirees. The scheme dated 04.03.2014 (Annexure P3) by which, the benefit of ACP scales on completion of 8, 16 and 24 years were formulated, cannot be made applicable upon the petitioner as the petitioner had already retired by the said date and there was no master and servant relationship between the parties concerned at the time when the policy dated 04.03.2014 (Annexure P-3) become operative.
5.
Nothing has been brought to the notice of this Court as to under what circumstances the scheme, which is prospective, can be made applicable upon the petitioner who was not in service on the date of promulgation of the said scheme.
6.
Keeping in view the above, no ground is made out for any interference by this Court in the present writ petition. 7.
Dismissed.
March 04, 2024 (HARSIMRAN SINGH SETHI) harsha JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No