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2025 Supreme(Online)(HP) 7246
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sandeep Sharma, J
Prem Thakur – Appellant
Versus
State of HP – Respondent
CWP No. 2937 of 2025
For the Appellants/Petitioners: Mr. Karan Singh Parmar, Ms. Rashmi Parmar
For the Respondents: Mr. Anoop Rattan, Mr. Rajan Kahol, Mr. Vishal Panwar, Mr. B.C. Verma, Mr. Ravi Chauhan
The court upheld the validity of pay fixation and ACPS benefits as per service length and applicable rules, rejecting the petitioner's claim for higher pay.
Headnote:(A) Himachal Pradesh Civil Services (Revised Pay) Rules, 1998 - Assured Career Progressions Scheme (ACPS) - Petitioner contested pay fixation and benefits under ACPS based on recruitment as Peon and subsequent promotions. Court upheld the decision on promotion and pay scale fixation, citing completion of service requirements and scheme stipulations. (Paras 6, 9, 10)
(B) Employee Benefits - The court confirmed that the petitioner received all entitlements under both old and new ACPS, dismissing claims of arbitrary pay adjustments as unfounded. (Para 11)
Facts of the case:
The petitioner challenged the denial of a higher pay scale and benefits under ACPS, arguing discrepancies with colleagues' pay. The court examined entitlement criteria based on years of service and prior promotions.
Findings of Court:
The petitioner was appropriately classified under pay scales given service history and did not suffer any detriment in benefits. All promotions and service adjustments were confirmed as valid.
Issues: The court addressed whether the petitioner was entitled to a higher pay scale and ACPS benefits as claimed based on service records and recruitment differences.
Ratio Decidendi: The court reasoned that employee benefits under ACPS must align strictly with service duration and roles, affirming the lower authority's decisions.
Result: The petition was dismissed.
| Table of Content |
|---|
| 1. details on acps and promotions. (Para 4 , 5) |
| 2. arguments pertaining to claimed benefits. (Para 6 , 7 , 9) |
| 3. validity of pay adjustments as per service criteria. (Para 10) |
Sandeep Sharma, J gPetitioner was appointed as a Peon on 5.7.1986 in the pay scale of Rs.770-1410 in the Department of Economics and Statistics. He was promoted as Clerk on 31.12.1988 in the pay scale of Rs.950-1800, after rendering two and a half years of service. He was placed in the post of Junior Assistant in the pay scale of Rs.1200-2130 with effect from 31.12.1993. Vide office order dated 9.10.2007 (Annexure R-I), pay scale of Junior Assistant was revised to Rs.4400-7000 with effect from 1.1.1996, pursuant to Finance (Pay Revision) Department, Himachal Pradesh Notification dated 31.5.2001. As per Notification No. Fin(C)B(7)6/88-II dated 23.7.1990 (Annexure R-III) and clarification issued on 3.1.1991 (Annexure R-IV), scale of Rs.1200-2100 is admissible to forty percent of total number of posts of Clerks, aPfter a minimum period of five years service as Clerk and they were to be designated as Senior Clerk. Pay scale of Rs.1500-2640/- was admissible to forty percent of total number of Clerks after a minimum of ten years of service together as Clerk and Senior Clerk.
2. Vide Notification dated 31.5.2001, cadre of Clerks was bifurcated into Clerks, including Senior Clerks and Junior Assistants in a cadre existing as on 1.1.1996. Clerks were entitled to pay scale of Rs.3120-5160 (with initial start of Rs.3220/-) and Junior Assistant to pay scale of Rs.4400-7000/-, in the ratio of 50:50. Petitioner was placed in the pay scale of Rs.4400-7000/- with effect from 1.1.1C996.
3. In the meanwhile, vide letter dated 15.12.1998 (Annexure R-V), Ghovernment framed Assured Career Progressions Scheme (in short, ‘ACPS’) applicable with effect from 1.1.1996. The scheme remained in effect till
27.8.2009. The salient features of ACPS introduced in 1998 are as under:
H 1. After 8 years in a post in same cadre, next higher pay scale shall be granted
2. After 16 and 24 years, proficiency step up shall be granted
3. After 32 years, incumbent shall be placed in next higher pay scale.
4. Vide letter dated 9.8.2012, new Assured Career Progressions Scheme (in short, ‘New ACPS’) was introduced, with benefits accruing on completion of 4, 9 and 14 years of service (applicable from 27.8.2009). Para 3(a) of the Scheme reads as under:
2. “3(a) After a service of 4,9 and 14 years in a post or posts without any financial enhancement in the same cadre (herein after referred to as the same post) and service rendered in the same post in different Government Departments, who is not promoted to a higher level on account of non availability of a vacancy or non existence of a promotional avenue in the cadre shall be granted the grade pay, which is next, higher in the hierarchy of grade pays given in the schedule annexed to Revised Pay Rules, 2009, upto the maximum grade pay of Rs.8900. On placement in the next higher grade pay in the hierarchy of grade pays aft er a service of 4, 9 and 14 years, the pay of an employee shall be fixed att the next higher stage in the pay band and he shall be allowed next incrrement from the date he would have earned his next increment had he cuontinued in the existing pay band, if the minimum of higher pay band 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 in higher pay band.”
5. As per clause 4.(a), it is provided as under:
h“4.(a) An employee shall be entitled to a maximum of three placements in the next higher grade pays in the hierarchy of grade pays with benefit of one increment each at every placement under this scheme. An employee who opts for this scheme but has already availed benefit of two placements in the higher scales in the hierarchy of pay scales after 8 years and 32 years and two proficiency step ups after 16 and 24 years of service in a ca
