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.

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 higher pay scale in the hierarchy of pay scales. Relevant portion from the Old ACP Scheme reads as under:-

“2. The salient features of this Scheme are as under :-

i. (a) After a service of 8 years in a post or posts in the same 'Cadre' (hereinafter referred as the same post) 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', shall be granted the pay scale which is next higher in the hierarchy of pay scales given in Column No.3 of the 'First Schedule' annexed to Rules, 1998. If on 01-01-1996 or the date opted under Rule 6 of Rules,1998, an employee becomes entitled to a higher pay scale on account of protection under the said rules, he shall be granted such higher pay scale.

(b) On the grant of higher pay scale as in sub para (a)above, the pay of the employee shall be fixed at the next higher stage in the master scale and he shall be allowed next increment from the date he would have earned his next increment had he continued in the lower pay scale. If the minimum of the higher scale is higher than the stage arrived at, his pay shall be fixed at such minimum and next increment shall be allowed after qualifying service of 12 months.

ii. A proficiency Step-up shall be granted to such an employee after 16 years of service and a Second Proficiency Step-up shall be granted after 24 years of service if the employee still continues in the same post. Service rendered by an employee in the lower and higher pay scale granted as per (a) above shall be reckoned as service in the same post for this purpose.

iii. In case an employee continues to serve in the same post even after 32 years of service, he shall be placed in the next higher pay scale in the hierarchy of pay scales as indicated in Column 3 of the 'First Schedule' annexed to the Rules, 1998 and his pay shall be fixed as mentioned in sub para i.(b) above.

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vi. If an employee is promoted to the next higher promotional post in the regular way at any time before one of the benefits under this scheme becomes due, the grant of such benefit shall stand postponed accordingly and shall be granted after completion of service of 8 years in such promotional post. If the promotion of an employee to higher post occurs after having got placement in higher scale or the proficiency step-up/ steps-up under this scheme, the benefit of only one increment instead of two increments normally admissible on promotion shall be given in fixing his pay in the scale of pay of the promotional post.

vii. An employee shall be entitled to a maximum of two placements in higher scale and a maximum of two proficiency steps-up in his entire service career under this scheme. ”

(ii)Petitioner joined the se