Punjab and Haryana High CourtEmployment and Labour LawAdministrative and Public Law

Executive Engineers’ PB-4 Pay Claim Fails As P&H HC Counts Superintending Engineer Posts In 20% ACP Calculation

Virinderjit Singh Khuranav.State Of Haryana & Ors

Executive Engineers’ PB-4 Pay Claim Fails As P&H HC Counts Superintending Engineer Posts In 20% ACP Calculation. Virinderjit Singh Khurana vs State Of Haryana & Ors. Punjab and Haryana High Court. LawLens
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In brief

The question

Whether the petitioners were entitled to the PB-4 ACP scale under the 19 August 2009 instructions, given the 20% limit on the total cadre posts.

The court held

The Court held that the petitioners had not established entitlement to inclusion in the PB-4 ACP allocation or grounds to set aside the 4 August 2011 order.

It also directed

Both writ petitions were dismissed, and any pending applications were disposed of.

01Facts

The petitioners, Haryana engineers posted with the Bhakra Beas Management Board (BBMB), challenged the State’s order dated 4 August 2011, which modified an earlier order granting an Assured Career Progression (ACP) scale in Pay Band 4 (PB-4).

pp. 1–2 · ¶ 1–2

They sought inclusion in the earlier list and consequential benefits; in the connected petition, the petitioners also challenged recovery for the intervening period.

pp. 1–2 · ¶ 1–2

The petitioners argued that they were eligible under the Finance Department’s instructions of 19 August 2009, which limited the benefit to 20% of the relevant cadre, and that the State had incorrectly deducted 35 Superintending Engineer posts from the 20% allocation rather than from the total cadre strength.

pp. 3–5 · ¶ 4–6

The State maintained that the 20% limit applied to the total cadre, including Superintending Engineers, and that the revised orders corrected an excess grant.

pp. 5–6 · ¶ 8, 10

02Issues

i.Whether the petitioners were entitled to the PB-4 ACP scale under the 19 August 2009 instructions, given the 20% limit on the total cadre posts.

pp. 3–5 · ¶ 4–5, 11

ii.Whether the State’s 4 August 2011 order modifying the earlier ACP grant was liable to be quashed.

pp. 1–2, 5 · ¶ 1, 6–7

03Law Applied

The Haryana Civil Services (Assured Career Progression) Rules, 2008, as reflected in the applicable Finance Department instructions dated 19 August 2009, provided for the PB-4 scale of Rs. 37,400–67,000 with Grade Pay of Rs. 8,700 after 17 years of regular satisfactory service, subject to the benefit being limited to 20% of the total cadre posts in the specified engineering categories, including Superintending Engineers.

pp. 5–6, 10–11

The judgment cites no judicial precedents; the petitioners invoked the High Court’s jurisdiction under Articles 226 and 227 of the Constitution.

pp. 1–2

04Reasoning

The Court treated the instructions as requiring the 20% quota to be calculated against the full sanctioned cadre of 622 posts, including Superintending Engineers. That produced 124 eligible posts; because 35 Superintending Engineers had been granted the relevant scale, 89 posts remained for Executive Engineers.

pp. 6–7 · ¶ 10–11

The Court accordingly held that the State’s calculation—622 × 20% = 124, less 35 = 89—was correct, and rejected the petitioners’ proposed method of first deducting the 35 posts from the cadre total and then applying the 20% limit.

pp. 6–7 · ¶ 10–11

The Court also noted that the petitioners had filed no replication controverting the State’s relevant assertions.

p. 7 · ¶ 12

05Holding

The Court held that the petitioners had not established entitlement to inclusion in the PB-4 ACP allocation or grounds to set aside the 4 August 2011 order.

p. 7 · ¶ 13–14

Both writ petitions were dismissed, and any pending applications were disposed of.

p. 7 · ¶ 13–14
Punjab and Haryana High Court

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Virinderjit Singh KhuranavsState Of Haryana & Ors

Punjab and Haryana High Court · November 11, 2026

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