IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9181 of 2023 Date of Decision: 20.3.2025 _____________________________________________________________________ Ramesh Chand ……...Petitioner Versus Department of Animal Husbandry and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Ms. Ritta Goswami, Senior Advocate with Ms. Komal Chaudhary, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for following main reliefs: “1. It is, therefore, prayed that the writ in the nature of mandamus may kindly be issued and the respondent No.2 may kindly be directed to remove the anomaly in the pay scales of the petitioner by granting him the same pay scales as paid to the similar placed employees Sh. Balbir Singh & Sh. Bikram Chand. 2. That the respondent may kindly be directed to pay all consequential benefits to the petitioner.” - 2 - 2. Pursuant to notices issued in the instant proceedings, respondents have filed reply through Director, Animal Husbandry, Himachal Pradesh, wherein claim of the petitioner has been admitted. It would be apt to take note of preliminary submissions made in the reply: “That the case of the petitioner has been examined by the Department and after perusing the service book of the petitioner Sh. Ramesh Chand and other employees Sh. Balbir Singh and Sh. Vikram Chand, it has been found that the petitioner was not given the Assured Career Progression Scheme benefit (ACPS) after completing of 9 years and 14 years of regular service in the Department, whereas, Sh. Balbir Singh and Sh. Vikram Chand had been given the said benefit. Now upon the recommendation of the Departmental Promotion Committee the petitioner has been given the benefits of New Assured Career Progression Scheme (ACPS) after completing 9 years and 14 years of service in a post vide office order dated 12/07/2024. The copy of the office order dated 12/07/2024 is annexed as annexure R-1, with the present reply. Now the pay of the petitioner will be fixed by the field offices after examining the service book and all admissible consequential benefits will be released to the petitioner accordingly.” 3. As per own case of the respondents, case of the petitioner for revised pay could not be considered earlier on account of non-grant of certain benefits under Assured Career Progression Scheme after completion of nine years and fourteen years of regular service. Now upon the recommendation of the Departmental Promotion Committee, petitioner stands granted benefit of new Assured Career Progression - 3 - Scheme after completion of nine years and fourteen years of service, as a result thereof, his pay needs to be revised. It has been categorically averred in the reply that on account of aforesaid order passed by the Departmental Promotion Committee, pay of the petitioner will be fixed by the field offices after examining the service book and thereafter, accordingly, benefits shall be released as was done in the case of Balbir Singh and Sh. Bikram Chand. 4. Consequently, in view of the above, nothing remains to be adjudicated in the instant proceedings and accordingly, present petition is disposed of with direction to the respondents that pay of the petitioner be fixed by the respective field offices, expeditiously, preferably, within four weeks and thereafter, consequential benefits be released forthwith. Pending applications stand disposed of accordingly. March 20, 2025 (Sandeep Sharma), (manjit) Judge