Proficiency step-up under Old ACP after 32 years service cannot be denied due to pay scale revision granting higher grade pay same date; distinct objects, revision not 'enhancement in basic pay' barring ACP; vested rights protected.

JUDGMENT :
Ranjan Sharma, Judge

1.Petitioner, Om Parkash Sharma, a retired Language Teacher has come up before this Court, seeking the following reliefs:

“(i). That the communication dated 11.12.2013 (Annexure P-3) may kindly be quashed and set aside.

(ii). That the respondents may kindly be directed to provide revised Pay Grade of Rs. 5400/- instead of Rs.4400/- with effect from 01.10.2012, which was made applicable to Headmasters.

(iii). Or in the alternative that in case this Hon’ble Court finds that petitioner is not entitled for revised Grade Pay of Rs.5400/- equivalent to Headmasters in the event the petitioner may kindly be held entitled for Grade Pay of Rs.5000/- which is being given to Trained Graduate Teachers with all onsequential benefits with effect from 01.10.2012.

(iv). That the respondents may kindly be directed to give benefit under Assured Career Progression Scheme to the petitioner with effect from 30.09.2012 after the completion of 32 years of service as has been given to other similarly situated persons with all consequential benefits.

(v). That the respondents may kindly be directed to give benefit of revised pension to the petitioner with all consequential benefits.

(vi). That the petitioner may also be held entitled for interest on the arrears being accrued on the above mentioned benefits.”

FACTUAL MATRIX:

2. At the very outset, Learned Counsel for petitioner on instructions states that he does not press reliefs No.(ii) & (iii) but confines his case only regarding prayer Nos.(i), (iv), (v) & (vi) in the instant proceedings. [Statement taken on record].

3. Case as set up by Learned Counsel is that the petitioner joined service as a Language Teacher on regular basis in pay scale of Rs 570- 1080/-on 01.10.1980. Upon revision of pay scales w.e.f. 01.01.1986, the petitioner was granted the revised pay scale of Rs.1640-2025/- and thereafter the revised pay scale w.e.f. 01.01.1996 to Rs 5480-8925/-and this pay scale was revised w.e.f. 01.01.2006 to Rs 10300-34800+3800 GP.

3(i). Grievance of petitioner is that petitioner completed 32 years of service as a Language Teacher on 30.09.2012 and on completion of this service though he became eligible for grant of proficiency step-up as per the Old ACP Scheme w.e.f. 01.10.2012 and had opted for this benefit on 18.11.2013 [Annexure P-2] but his claim was rejected by the state authorities on 11.12.2013 [Annexure P-3], on the ground that as per the Himachal Pradesh Civil Services (Category-Post Wise Revised Pay) Rules, 2012 [referred to as the Re-revised Rules] notified on 27.09.2012 since the petitioner was granted higher grade pay {raising his grade pay from Rs 3800/- to Rs 4400/- w.e.f. 01.10.2012 therefore, benefit of proficiency step-up on completion of 32 years of service 01.10.2012 was not admissible to the petitioner.

PROCEEDINGS BEFORE THIS COURT:

4. Upon issuance of notice on 03.09.2014, the respondents were directed to file a reply. Upon creation of the State Administrative Tribunal, matter was transferred to Tribunal on 22.04.2015 but after its abolition the matter was re-transferred to this Court and registered as CWPOA No. 3278 of 2019 and was listed on 24.08.2024 and the matter was finally heard on 06.06.2025.

STAND OF RESPONDENTS IN REPLY:

5. Respondents No.1 to 3 filed a Reply- Affidavit dated 23.02.2015 of Director, Elementary Education, Himachal Pradesh.

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