Himachal Pradesh High Court
Bhawani Shankar vs Hrtc & Anr on 14 May, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.768 of 2021
Date of decision: 14.05.2025
Bhawani Shankar. ...Petitioner.
Versus
HRTC & Anr. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?
For the petitioner : Mr. Ashok Kumar, Advocate.
For the respondents : Mr. Ajay Kumar Chauhan,
Advocate.
: Mr. Vishal Sharma, Deputy
Controller (Finance & Accounts),
HRTC.
Jyotsna Rewal Dua, Judge
Petitioner retired on attaining the age of
superannuation on 31.01.2018. Three years later, he
instituted this petition as he now feels aggrieved against
respondents denying him benefit of additional increment
after completion of 32 years of service (in the year 2014).
2. Heard learned counsel for the parties and
considered the case file.
2(i). State of Himachal Pradesh introduced an Assured
Career Progression Scheme on 15.12.1998, commonly called
as Old ACP Scheme (8-16-24-32 years). As per Old ACP
1Whether reporters of Local Papers may be allowed to see the judgment? Yes
Scheme, after completion of 8 years of service on a post or in
the same cadre, an employee who is not promoted to the next
higher level on account of non-availability of a vacancy at
such higher level or non-existence of a promotional level in
the cadre, was to be granted the pay scale which is next
higher in the hierarchy of pay scales. Further, a proficiency
step-up was to be granted to such an employee after 16
years of service and the second proficiency step-up after 24
years of service, if the employee still continues on the same
post. In case an employee continues to serve the same post
even after 32 years of service, he was to be placed in the next
higher pay scale in the hierarchy of pay scales. Relevant
portion from the Old ACP Scheme reads as under: -
"2. The salient features of this Scheme are as under :-
i(a). After a service of 8 years in a post or posts in the
same 'Cadre' (hereinafter referred as the same post)
an employee, who is not promoted to the next higher
level on account of non-availability of a vacancy at
such higher level or non-existence of a promotional
level in the 'Cadre', shall be granted the pay scale
which is next higher in the hierarchy of pay scales
given in Column No.3 of the 'First Schedule' annexed
to Rules, 1998. If on 01-01-1996 or the date opted
under Rule 6 of Rules,1998, an employee becomes
entitled to a higher pay scale on account of protection
under the said rules, he shall be granted such higher
pay scale.
(b) On the grant of higher pay scale as in sub para (a)
above, the pay of the employee shall be fixed at the
next higher stage in the master scale and he shall be
allowed next increment from the date he would have
earned his next increment had he continued in the
lower pay scale. If the minimum of the higher scale 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.
ii. A proficiency Step-up shall be granted to such
an employee after 16 years of service and a
Second Proficiency Step-up shall be granted
after 24 years of service if the employee still
continues in the same post. Service rendered
by an employee in the lower and higher pay
scale granted as per (a) above shall be
reckoned as service in the same post for this
purpose.
iii. In case an employee continues to serve in the
same post even after 32 years of service, he
shall be placed in the next higher pay scale in
the hierarchy of pay scales as indicated in
Column 3 of the 'First Schedule' annexed to the
Rules,1998 and his pay shall be fixed as
mentioned in sub para i.(b) above.
iv. xx xx xx
v. xx xx xx
vi. If an employee is promoted to the next higher
promotional post in the regular way at any
time before one of the benefits under this
scheme becomes due, the grant of such benefit
shall stand postponed accordingly and shall be
granted after completion of service of 8 years
in such promotional post. If the promotion of an
employee to higher post occurs after having got
placement in higher scale or the proficiency
step-up/ steps-up under this scheme, the
benefit of only one increment instead of two
increments normally admissible on promotion
shall be given in fixing his pay in the scale of
pay of the promotional post.
vii. An employee shall be entitled to a maximum of
two placements in higher scale and a
maximum of two proficiency steps-up in his
entire service career under this scheme. "
2(ii). Petitioner joined the services of respondent-
Corporation in the year 1982 as a Conductor. He was
promoted to the post of Inspector in 2015. He was granted
the benefits under aforesaid Old ACP Scheme on completion
of 8, 16 and 24 years of service. Petitioner retired from
service on 31.01.2018.
2(iii). On 09.08.2012, the respondents introduced New
Career Progression Scheme (hereinafter referred to as 'New
ACP Scheme') on completion of 4, 9 & 14 years of service.
This Scheme was brought into force w.e.f. 27.08.2009. The
New ACP Scheme was optional. An existing employee had the
option either to continue in the Old ACP Scheme or to opt for
New ACP Scheme. The employee, who did not exercise any
option within the stipulated period under the New ACP
Scheme, was to be deemed to have opted for continuance in
the Old ACP Scheme.
Under the New ACP Scheme, after service of 4, 9
and 14 years in a post or posts without any financial
enhancement in the same cadre, a Government employee,
who is not promoted to a higher level on account of non-
availability of a vacancy or non-existence of promotional
avenue in the cadre, was to be granted the grade pay, which
is next higher in the hierarchy of grade pays. On placement
in the next higher grade pay in the hierarchy of grade pays
after service of 4, 9 and 14 years, the pay of an employee was
to be fixed at the next higher stage in the pay band and he
was to be allowed next increment from the date he would
have earned his next increment had he continued in the
existing pay band.
An employee, who opts to continue under the Old
ACP Scheme or who did not exercise any option for coming
over to New ACP Scheme and had completed 24 years of
service in the cadre and had already availed benefit of one
placement in the higher pay scale in the hierarchy of pay
scales and two proficiency step-ups under ACP Scheme after
8,18/16 and 24 years of service, was to be allowed only two
placements in the next higher grade pays in the hierarchy of
grade pays without any benefit of increment, for the reason
that he had already availed benefit of three increments, i.e.
one on placement and two proficiency step-ups under the
existing scheme. The laid-out system as per Old ACP Scheme
was to undergo change to the extent indicated in the New
ACP Scheme. Relevant portion from the New ACP Scheme is
as under:-
"2. This scheme is optional. An existing employee
"including employee having less than four years'
service" will have the option either to continue in the
existing Assured Career Progression Scheme after a
service of 8, 16, 24 & 32 years or to opt 4, 9 & 14
years Assured Career Progression Scheme. An
employee who wants to opt this new scheme will
have to exercise an option within two months from the
date of issue of this letter along with an undertaking
in the enclosed proforma through a sworn affidavit
that he wants to accept this scheme effective from
27.08.2009 and will not claim any arrears.
Consequently, on restoration of earlier Assured
Career Progression Scheme (8-16-24-32), in new pay
structure w.e.f. 27.08.2009 an employee may also
exercise his option for the aforesaid scheme.
However, an employee who does not exercise any
option within the above stipulated period of two
months shall be deemed to have opted for
continuance in the earlier (8-16-24-32) Assured
Career Progression Scheme with effect from
27.08.2009. Service in a cadre rendered by an
employee in the same post before 27.08.2009 shall
count for the purpose of grant of benefit under this
scheme.
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.8300. On
placement in the next higher grade pay in the
hierarchy of grade pays after a service of 4, 9 and 14
years, the pay of an employee shall be fixed at the
next higher stage in the pay band and he shall be
allowed next increment from the date he would have
earned his next increment had he continued 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.
xx xx xx
(g) An employee who has completed 24 years of
service in a cadre and has already availed benefit of
one placement in the higher pay scale in the
hierarchy of pay scales and two Proficiency Step-ups
under ACP scheme after 8,18/16 and 24 years of
service, he shall only be allowed two placements in
the next higher grade pays in the hierarchy of grade
pays without any benefit of increment as he has
already availed benefit of three increments i.e. one on
placement and two Proficiency step ups under the
existing schemes.
xx xx xx
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 cadre under the existing Assured
Career Progression scheme of 8, 16, 24, 32 years of
service will have to lose benefit of one increment
granted after 32 years of service and his pay will be
refixed with w.e.f 27.08.2009 accordingly.
xx xx xx
(f) As a necessary corollary to this decision the
existing system of Assured Career Progression
Scheme shall undergo a change to the extent
indicated above. Other existing conditions governing
the grant of Proficiency step-up/ACP scheme already
notified shall continue to be applicable mutatis
mutandis in a accordance with the above orders. The
cases of ACP/proficiency step-up, which felt due prior
to 27.08.2009, shall be settled according to the then
prevalent instructions."
The New ACP Scheme provided that an employee
shall be entitled to 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 the Scheme.
2(iv). The New ACP Scheme was further clarified by the
respondents on 07.07.2014. Relevant to context is para 5
which reads as under:-
"5. Moreover, the overriding objective of an
assured career progression scheme is to ensure at
least three financial
upgradations/enhancements/promotions to a regular
employee in his entire service career. Therefore, in
partial modification of earlier orders on ACP schemes
it is directed that, once an employee has already got
three enhancements/financial up-gradations i.e.
grant of progression under the new or old ACPS, or
promotion or any other financial enhancement except
the annual increment or the general pay revision
based on the pay commission, in fourteen years or
more of his/her entire service; thereafter, he will not
be entitled for placement in next higher grade pay in
the ACPS scheme introduced vide FD's instructions
dated 9th August, 2012. However, it is clarified that
after availing three enhancements/up-
gradation/promotion, an employee will be eligible to
take the benefit of normal promotions available in his
service career."
Clarification dated 07.07.2014 states that once an
employee has already got three enhancements/financial
upgradations, i.e. grant of progression under the New or Old
ACP Schemes, or promotion or any other financial
enhancement except the annual increment or the general
pay revision based on the pay commission, he will not be
entitled for placement in next higher grade pay in the ACP
Scheme. This is in view of the avowed object of the ACP
Scheme to ensure three financial upgradations/
enhancements to an employee in his entire service career.
The above position was reiterated by the State in office
communication/circular dated 09.09.2014 as under:-
"In continuation of this Department's letter of
even number dated: 7 July, 2014, on the subject cited
above, I am directed to say that the objective of the
Assured Career Progression Scheme issued by the
State Government is to ensure three financial
upgradations/enhancements to a regular employee In
his entire service career. The Finance Department's
instructions ibid only supplemented the position
already given in Assured Career Progressions
instructions dated: 15.12.1998 & 09.08.2012, as far
as the three upgradations in the entire service career
are concerned.
It is further clarified that Finance Department's
instructions dated: 07.07.2014 were made applicable
with immediate effect with the objective that all the
cases pending on that day or arising after that has to
be examined, in the light of instructions ibid."
3. In the instant case, admittedly the petitioner who
had opted to continue under the Old ACP Scheme, had
already availed three enhancements/financial benefits on
completion of 8, 16 & 24 years of service. It is not in dispute
that petitioner had drawn benefit of Senior Scale from
01.01.1996 and grade pay of Rs.2400/- from 01.01.2006
onwards besides getting benefit of three proficiencies on
completion of 8, 16 & 24 years of service, respectively, as
also the Senior Scale. Therefore, he was not entitled to fourth
benefit on completion of 32 years of service.
4. In view of the above, the benefit as claimed by the
petitioner cannot be granted to him. The petition fails and is
accordingly dismissed. Pending miscellaneous application(s),
if any, to also stand disposed of.
Jyotsna Rewal Dua
14th May, 2025 Judge
(Pardeep)
