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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Bhawani Shankar – Appellant
Versus
HRTC – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
1. Petitioner retired on attaining the age of superannuation on 31.01.2018. Three years later, he instituted this petition as he now feels aggrieved against respondents denying him benefit of additional increment after completion of 32 years of service (in the year 2014).
2. Heard learned counsel for the parties and considered the case file:
(i)State of Himachal Pradesh introduced an Assured Career Progression Scheme on 15.12.1998, commonly called as Old ACP Scheme (8-16-24-32 years). As per Old ACP Scheme, after completion of 8 years of service on a post or in the same cadre, an employee who is not promoted to the next higher level on account of non-availability of a vacancy at such higher level or non-existence of a promotional level in the cadre, was to be granted the pay scale which is next higher in the hierarchy of pay scales. Further, a proficiency step-up was to be granted to such an employee after 16 years of service and the second proficiency step-up after 24 years of service, if the employee still continues on the same post. In case an employee continues to serve the same post even after 32 years of service, he was to be placed in the next hi
The Assured Career Progression Scheme limits financial enhancements to three in an employee's career, which the petitioner had already received, thus denying further increments.
ACPS reveals that annual increment shall not be considered as financial upgradation for purpose of benefit, if any, under ACPS.
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 entitlement to benefits under the ACP Scheme was not automatic and was subject to review and consideration by the employer. The nature of benefits under the MACP Scheme was considered as incentiv....
Promotion – An employee who has opted to remain in existing grade, by refusing offer of promotion, forfeits rights to ACP benefits and such employee, on account of refusal, can be considered for regu....
Retrospective application of the MACP Scheme does not infringe upon the vested rights of employees under the ACP Scheme, as eligibility does not equate to entitlement.
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