JUDGMENT :

Ranjan Sharma, J.

Notice. Mr. Vishal Panwar, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

2. The petitioner has filed the instant writ petition with the following prayers:-

“(i) That the writ in the nature of Certiorari or any other appropriate writ, order or directions may kindly be issued, quashing the Impugned action of the respondents, whereby she has been denied the benefit of ACPS on completion of 14 years’ service in the cadre of JBT, being illegal, arbitrary, discriminatory, and unconstitutional and against the settled law of service jurisprudence.

(ii) That the writ in the nature of Mandamus or any other appropriate writ, order or directions may kindly be issued, directing the Respondents to grant financial enhancement/ up gradation under the new ACPS on the completion of 14 years of service w.e.f. 09.03.2014 with all consequential benefits in terms of the Notification dated 09.08.2012.”

3. Case of the petitioner is that she was appointed as Junior Basic Teacher (JBT) on ad-hoc basis and she joined as such on 09.03.1990. After having granted special certificate, the petitioner was regularized as JBT with effect from 09.03.2000 in the pay scale of Rs.4550-7220, Annexure P-3. Further case of the petitioner is that the Finance Department of State Government issued a Proficiency Step-up Scheme with effect from 01.01.1986. This Scheme was replaced by the Assured Career Progression Scheme (referred to as Old ACP Scheme) with effect from 01.01.1996, whereby, the Scheme provided for four up-gradation on completion of 08-16-24 and 32 years of service i.e. two up-gradations in the higher pay scale and two increments on completion of 8-16-24 and 32 years of regular service in the cadre. This ACP Scheme remained in force till 27th August, 2009.

4. The Principal Secretary (Finance), Government of Himachal Pradesh, notified the New Assured Career Progression Scheme on 08.08.2012 w.e.f. 27.08.2009, granting up-gradations, in lieu of promotion, on completion of 4-9-14 years of service, in a cadre, with the rider that a Government employee could opt for benefits under the Old ACP Scheme, on completion of 8-16-24 and 32 years of service.

5. In the above backdrop, the case of the petitioner is that on completion of 8 years of regular service, the petitioner was granted “First Up-gradation”, under Old ACP Scheme w.e.f. 09.03.2008 and after coming into force of the New ACP Scheme on 08.08.2012 w.e.f. 27.09.2009; the respondents granted the “Second Up-gradation” to the petitioner, notionally under ACP Scheme on notional w.e.f. 09.03.2009.

6. Now, the grievance of the petitioner is that though the petitioner completed 14 years’ service on 09.03.2014 and became eligible for “Third Financial Up-gradation” w.e.f. 9.03.2014. But this benefit has not been extended to the petitioner, on the ground that State Government revised the pay scales of its employees, by issuing the H.P. Civil Services (Category/Post-Wise Revised Pay) Rules, as per the Notification on 24/27.09.2012, applicable w.e.f. 01.10.2012, revising the pay band/grade pay of the category of JBTs from Rs.5910-20200+Grade Pay of Rs.3,000/- to Rs.10300-34800+Grade Pay of Rs.4200/- w.e.f. 01.10.2012.

7. Consequent upon the revision of pay scales and higher grade pay for various categories, including the category of the Petitioner-JBT w.e.f. 01.10.2012, Learned Counsel submits that the denial of “Third Financial Upgrdation”, which was due on completion of 14 years of service w.e.f. 09.03.2014, on the ground that once the petitioner was granted increased/enhanced grade pay w.e.f. 01.10.2012 due to the general revision of pay scale of all employees as per the Notification dated on 24/27.09.2012 w.e.f. 01.10.2012, as per the HPCS [Category/Post-Wise Revised Pay) Rules and not otherwise, then, the restriction in Clauses 3 (a)] in the New ACPS Scheme dated 08.08.2012 (Annexure P-4) which stands clarified on 07.07.2014 (Annexure P-5) c