IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.8141 of 2023 Decided on: 1st December, 2023 ______________________________________________._____________

Saroj Rani H ....Petitioner Versus State of HP and others o ……Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge

1 Whether approved for reporting? Yes For the petitoioner: Mr. Onkar Jairath, Advocate.

For thCe respondents: Mr. Vishal Panwar, Additional Advocate General.

Ranjan Sharma, Judge (Oral)

Notice. Mr. Vishal Panwar, learned Additional Advocate General, appears and waives service of notice on H behalf of the respondents.

2. The petitioner has filed the instant writ petition with the following prayers:-

“(i) That the writ in the nature of Certiorari or any other appropriate writ, order or directions may kindly be issued, quashing the Impugned

1 Whether reporters of Local Papers may be allowed to see the judgment?

action of the respondents, whereby she has been denied the benefit of ACPS on completion of 14 years’ service in the cadre of JBT, being illegal, arbitrary, discriminatory, and unconstitutional and against the settled law of service jurisprudence. H (ii) That the writ in the nature of Mandamus or any other appropriate writ, order or directions may kindly be issued, directing the Respondents to grant financial enhancement/ up gradattion under the new ACPS on the completion of 14 years of service w.e.f. 09.03.2014 with all consequential benefits in terms of the Notification dated 09.08.2012.”

3.C ase of the petitioner is that she was appointed as Junior Basic Teacher (JBT) on ad-hoc basis and she joined as such on 09.03.1990. After having granted special gcertificate, the petitioner was regularized as JBT with effect ifrom 09.03.2000 in the pay scale of Rs.4550-7220, Annexure P-3. Further case of the petitioner is that the Finance Department of State Government issued a Proficiency Step-up Scheme with effect from 01.01.1986. This Scheme was replaced by the Assured Career Progression Scheme (referred to as Old ACP Scheme) with effect from 01.01.1996, whereby, the Scheme provided for four up-gradation on completion of

08-16-24 and 32 years of service i.e. two up-gradations in the higher pay scale and two increments on completion of 8-16-24 and 32 years of regular service in the cadre. This ACP Scheme remained in force till 27th August, 2009. .

4. The Principal Secretary (Finance), Government of Himachal Pradesh, notified the New Assured Career Progression Scheme on 08o.08.2012 w.e.f. 27.08.2009, granting up-gradations, in lie u of promotion, on completion of 4-9-14 years of service, in a cadre, with the rider that a Government employee could opt for benefits under the Old ACP Schoeme, on completion of 8-16-24 and 32 years of serviceC.

5. In the above backdrop, the case of the petitioner is that on completion of 8 years of regular service, the gpetitioner was granted “First Up-gradation”, under Old ACP iScheme w.e.f. 09.03.2008 and after coming into force of the New ACP Scheme on 08.08.2012 w.e.f. 27.09.2009; the respondents granted the “Second Up-gradation” to the petitioner, notionally under ACP Scheme on notional w.e.f.

09.03.2009.

6. Now, the grievance of the petitioner is that though the petitioner completed 14 years’ service on 09.03.2014 and became eligible for “Third Financial Up-gradation” w.e.f. 9.03.2014. But this benefit has not been extended to the petitioner, on the ground that State Government revised the pay scales of its employees, by issuing .the H.P. Civil Services (Category/Post-Wise Revised Pay) Rules, as per the Notification on 24/27.09.2012, applicable w.e.f. 01.10.2012, revising the pay band/gradoe pay of the category of JBTs from Rs.5910-20200 +Grade Pay of Rs.3,000/- to Rs.10300-34800+Grade Pay of Rs.4200/- w.e.f. 01.10.2012.

7. Consequent upon the revision of pay scales and higher gradoe pay for various categories, including the categoCry of the Petitioner-JBT w.e.f. 01.10.2012, Learned Counsel submits that the denial of “Third Financial U