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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Om Prakash Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
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.
Financial upgradation under the Revised Assured Career Progression Scheme is warranted upon completion of 30 years of service, irrespective of subsequent promotions.
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 ....
While Implementing scheme, difference in pay scales on account of grant of financial upgradation under old ACP Scheme (15.12.1998) under this scheme within same cadre shall not be construed as an ano....
ACPS reveals that annual increment shall not be considered as financial upgradation for purpose of benefit, if any, under ACPS.
Past service should be counted for ACP/MACP benefits if it has been protected under pension rules, irrespective of pay grade changes.
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