SANDEEP SHARMA
Pankjakshi Sharma – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Sandeep Sharma, J
Being aggrieved and dissatisfied with order dated 18.5.2016 issued under the signatures of Additional Director, Treasuries, Accounts & Lotteries, Shimla, H.P (Annexure A-4) whereby prayer made on behalf of the petitioner herein for grant of benefit under Assured Career Progression Scheme (hereinafter referred to as ‘ACPS’) came to be rejected, petitioner approached erstwhile H.P. Administrative Tribunal by way of Original Application No.294 of 2018, which now on account of abolishment of Tribunal stands transferred to this Court and the same has been re-registered bearing CWPOA No.5952 of 2020, praying therein for following substantive reliefs:-
b. The Annexure A/5 and A/6, the notifications dated 7.7.2014 and 9.9.2014 respectively be declared null and void in respect of the applicant and be quashed accordingly to that extent.
c. The respondents be directed to consider the name of the applicant for the grant of 4-9-14 time scale/enhancement and release the second time scale increment/enhancement or benefits under New ACP Scheme of 4-9-14 to the applicant on completion of
ACPS reveals that annual increment shall not be considered as financial upgradation for purpose of benefit, if any, under ACPS.
The court affirmed applicants' entitlement to financial upgradation under the Assured Career Progression Scheme, emphasizing eligibility due to completion of service years despite the introduction of....
The Court clarified the difference between the replacement scale and upgradation in pay scale under the Assured Career Progression Scheme, emphasizing that the revision in pay scale is distinct from ....
The court established that employees in isolated posts are entitled to financial upgradations under the ACPS and MACPS, and that any discriminatory treatment in awarding these benefits violates const....
Financial upgradation under the Revised Assured Career Progression Scheme is warranted upon completion of 30 years of service, irrespective of subsequent promotions.
The correct calculation of benefit dates and the impact of the currency of punishment on entitlement to financial up-gradation under the ACPS and MACPS schemes are crucial legal principles establishe....
The applicant is entitled to ACP and MACP benefits despite prior promotions since non-beneficial promotions do not negate financial upgradation under the schemes.
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