Three-tier pay structure excludes employees from ACP benefits; recovery of erroneous excess payments barred from Class-III employees, retirees, over five years without misrepresentation.

JUDGMENT :

Ranjan Sharma, J.

Petitioner, Ramesh Chand, along with 09 others, had filed Original Application No. 1648 of 2019 before the State Administrative Tribunal and, upon abolition of the Tribunal, the matter came to be re-transferred to this Court as CWPOA No. 6702 of 2020.

2. Likewise, the petitioners, namely, Mansa Ram, Mohan Singh, Mor Dass, Brij Lal, Ramesh Chand, Sita Ram and Jia Lal had filed had filed Original Applications Nos.1648 of 2019, 3480 of 2016, 3481 of 2016, 3482 of 2016, 3483 of 2016, 3484 of 2016, 3486 of 2016 and 3485 of 2016, before the State Administrative Tribunal and upon abolition of Tribunal, the matters came to be re-transferred to this Court as CWPOA No.7894, 7897, 7898, 7901, 7929, 7931 and 7933 of 2019, respectively.

3. With the consent of Learned Counsel(s) since issue relates to re-fixation of pay and recovery of retirees as well as in service employes, therefore, CWPOA No.6702 of 2020 [originating from OA No.1648 of 2019, titled Ramesh Chand & Others versus State of Himachal Pradesh & Others] is treated as the lead case for adjudicating all the connected cases.

FACTUAL MATRIX IN CWPOA NO.6702 OF 2020:

4. Petitioner, Ramesh Chand, had filed Original Application No.1648 of 2019, converted as CWPOA No.6702 of 2020, seeking the following relief(s):

“i. That the Respondents may kindly be directed to cancel and held void the Office Order No.PW-ED-CB-EA-II-Pay Fixation/ 2018-19-7039-43, 7069-73, 7074-78, 7069-73 Dated 27.03.2019 and other similar orders issued on the same date specifically addressed to all the present Applicants in pursuance to the order of recovery vide office order No.6897-6902 dated 23.03.2019, whereby the orders of recovery consequent upon the revised fixation made by the Respondent No.3 were passed in contravention to the well established legal principles as well as in contravention to the directions passed by the Hon’ble Apex Court from time to time.”

4(i). Case as set up by Learned Counsel for the petitioner, is that the petitioners are working as technicians [Technician Grade-II and Technician Grade-I] under the Public Works Department of the State Government. They were initially engaged on daily wage basis and were regularized on different dates w.e.f. 1994 onwards. It is further averred that the petitioners were granted the benefit of promotions as Technician Grade-II and thereafter as Technician Grade-I on different dates from 2002 to 2019.

4(ii). It is averred that while the petitioners were working as Technicians, the State Authorities notified the Assured Career Progression Scheme on 09.08.2012, giving effect to the said Scheme w.e.f. 27.08.2009, whereby progression incentives were to be granted on completion on 4, 9 & 14 years of service in a cadre. Based on the ACP Scheme, notified on 09.08.2012, the State Government issued a Communication dated 07.07.2014 [Annexure A-2] reiterating the admissibility of benefits under the Scheme.

4(iii). It is averred that on the ACP Scheme notified on 09.08.2012, State Authorities granted the benefit of ACP benefits on completion of 4, 9 & 14 years of service to the petitioners and benefit of higher pay was extended/granted to them and some of the petitioners retired on different dates between 30.04.2019 and 31.03.2025, while some of the petitioners are still in service.

4(iv). It is averred that abruptly, the State Authorities issued an order on