Himachal Pradesh High Court
Kiran Bala Sharma vs Himachal Pradesh University Through ... on 18 December, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Date of Decision: 18th December, 2023.
Kiran Bala Sharma .....Petitioner.
.
Versus
Himachal Pradesh University through its Registrar
.....Respondent.
Coram
The Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
of
For the Petitioner: Mr. Sanjeev Bhushan, Sr. Advocate with
Mr. Rajesh Kumar, Advocate.
For the Respondent: Mr. Devender K. Sharma, Advocate.
rt
Bipin Chander Negi, Judge (oral).
The instant petition has been filed for the grant of following
substantive reliefs:-
" It is, therefore, that this writ petition may kindly be allowed and
an appropriate writ, order or directions may kindly be issued to the
respondent University directing it to grant the benefit of New Assured
Carrer Progression Scheme i.e. 4.9.14 to the petitioner by granting required
increments after completion of 4 years i.e. in the year 2012 with further
direction to the respondent University to grant all the consequential
benefits to the petitioner of pay, arrears etc. alongwith interest @ 9% p.a.
The respondent University may also kindly be directed to step up
the salary of the petitioner from the date when her juniors started getting
more salary than her by granting her juniors her the entire arrears from the
date of anomaly got accrued, with interest @ 9 % p.a."
2. The brief facts of the case are that the petitioner was initially
appointed as Clerk in the year 1996, in the pay scale of Rs.950-1800/-.
Subsequent thereto, the petitioner was placed as Junior Assistant with
effect from 20.12.2001 in the pay scale of Rs.4400-7000. Thereafter, the
petitioner was promoted to the post of Senior Assistant with effect from
18.9.2008 in the pay scale of Rs.5800-9200/-.
Whether reporters of Local Papers may be allowed to see the judgment? Yes.
3. The petitioner had opted for the benefit of New Assured Carrer
Progression Scheme (hereinafter referred to as 'ACPS') i.e. 4-9-14,
subsequent to her being promoted as Senior Assistant on 18.9.2008.
.
4. At this juncture, it would be appropriate to refer A.G. Audit
Report for the year 2021-2022 placed on record, as Annexure P-2.
Relevant extract is being reproduced hereinbelow:-
"During scrutiny of the service book of Kiran Bala Sharma, it was noticed
that she was promoted as Sr. Assistant on 8.9.2008 and she opted for 4, 9 & 14
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scheme as per Government letter mentioned above. The ACP was due in the
year 2012 and the benefit of the scheme was not granted to the official upto
the year 2017 and during the year official was promoted as Suptd. Grade-II
whereas the official opted for the 4, 9 & 14 scheme. In some cases the same
benefits granted to other officials of the university. The above given example
is only illustration and the department may review the other cases under
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intimation to audit."
5. From a perusal of the aforesaid A.G. Audit Report, it is evident
that ACPS in question fell due to the petitioner in the year 2012.
However, the benefit of the same was not granted upto 1.2.2018 i.e. on
which date, the petitioner was promoted to the post of Superintendent
Grade-II. Further reading of the aforesaid para, makes it is clear that
similar cases the benefit has been granted to other Official(s) of the
respondent/University.
6. The reply filed by the respondent/University with respect to the
claim of the petitioner for grant of benefit of ACPS specifically para-1 of
the preliminary submissions is relevant. The relevant extract of the
preliminary submissions is being reproduced hereinbelow:-
" As per New Assured Carrer Progression Scheme an employee is
entitled for three higher up-gradation in his/her entire service. Since
the petitioner received two higher up-gradation upto 2012 and third
up gradation was due in the year 2012 on completion of 4 years
service on the post of Senior Assistant, the proposal was sent state
audit department for vetting on 19.10.2022 and thereafter the state
Audit department returned the proposal on 9.12.2022 with remarks
to reexamine the matter in view of the instructions dated 7 th July,
2014 and 9th September, 2014 issued by the Principal Secretary
(Finance) to the Government of Himachal Pradesh."
7. From a perusal of the aforesaid, it is evident that the
.
respondent/University admits the entitlement of the benefit of ACPS on
completion of four years service, post the petitioner being appointed as
Senior Assistant on 18.9.2008, is due and admissible to him.
8. At this juncture, it would be relevant to refer to order dated
13.10.2023. The same is being reproduced hereinbelow:-
of
"Reply of respondent-university reveals that the university is
willing to confer benefit of first ACP on the petitioner, but it has sought
prior sanction/permission from the Government and audit department.
Learned counsel for the respondent is directed to place on record
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instructions to show the requirement of sending the case of petitioner for
first ACP either to the government or audit department."
9. Till date, no cogent reasons and legal provisions have been
shown on the basis of which, the case at hand has been sent to the
State Government for grant of prior sanction/permission.
10. In view of the aforesaid admitted position, the instant petition is
allowed and the respondent/University is directed to release the financial
benefits in question alongwith all consequential benefits within a period
of four weeks from today to the petitioner, failing which the petitioner
shall be entitled interest at the rate of 9 % per annum. All pending
application(s), if any, also stand disposed of.
List for compliance on 28th February, 2024.
(Bipin Chander Negi)
Judge
18th December, 2023
(CS)
