JUDGMENT : Ranjan Sharma, Judge 1.Petitioner, Om Parkash Sharma, a retired Language Teacher has come up before this Court, seeking the following reliefs: “(i). That the communication dated 11.12.2013 (Annexure P-3) may kindly be quashed and set aside. (ii). That the respondents may kindly be directed to provide revised Pay Grade of Rs. 5400/- instead of Rs.4400/- with effect from 01.10.2012, which was made applicable to Headmasters. (iii). Or in the alternative that in case this Hon’ble Court finds that petitioner is not entitled for revised Grade Pay of Rs.5400/- equivalent to Headmasters in the event the petitioner may kindly be held entitled for Grade Pay of Rs.5000/- which is being given to Trained Graduate Teachers with all onsequential benefits with effect from 01.10.2012. (iv). That the respondents may kindly be directed to give benefit under Assured Career Progression Scheme to the petitioner with effect from 30.09.2012 after the completion of 32 years of service as has been given to other similarly situated persons with all consequential benefits. (v). That the respondents may kindly be directed to give benefit of revised pension to the petitioner with all consequential benefits. (vi). That the petitioner may also be held entitled for interest on the arrears being accrued on the above mentioned benefits.” FACTUAL MATRIX: 2. At the very outset, Learned Counsel for petitioner on instructions states that he does not press reliefs No.(ii) & (iii) but confines his case only regarding prayer Nos.(i), (iv), (v) & (vi) in the instant proceedings. [Statement taken on record]. 3. Case as set up by Learned Counsel is that the petitioner joined service as a Language Teacher on regular basis in pay scale of Rs 570- 1080/-on 01.10.1980. Upon revision of pay scales w.e.f. 01.01.1986, the petitioner was granted the revised pay scale of Rs.1640-2025/- and thereafter the revised pay scale w.e.f. 01.01.1996 to Rs 5480-8925/-and this pay scale was revised w.e.f. 01.01.2006 to Rs 10300-34800+3800 GP. 3(i). Upon revision of pay scales w.e.f. 01.01.1986, the petitioner was granted the revised pay scale of Rs.1640-2025/- and thereafter the revised pay scale w.e.f. 01.01.1996 to Rs 5480-8925/-and this pay scale was revised w.e.f. 01.01.2006 to Rs 10300-34800+3800 GP. 3(i). Grievance of petitioner is that petitioner completed 32 years of service as a Language Teacher on 30.09.2012 and on completion of this service though he became eligible for grant of proficiency step-up as per the Old ACP Scheme w.e.f. 01.10.2012 and had opted for this benefit on 18.11.2013 [Annexure P-2] but his claim was rejected by the state authorities on 11.12.2013 [Annexure P-3], on the ground that as per the Himachal Pradesh Civil Services (Category-Post Wise Revised Pay) Rules, 2012 [referred to as the Re-revised Rules] notified on 27.09.2012 since the petitioner was granted higher grade pay {raising his grade pay from Rs 3800/- to Rs 4400/- w.e.f. 01.10.2012 therefore, benefit of proficiency step-up on completion of 32 years of service 01.10.2012 was not admissible to the petitioner. PROCEEDINGS BEFORE THIS COURT: 4. Upon issuance of notice on 03.09.2014, the respondents were directed to file a reply. Upon creation of the State Administrative Tribunal, matter was transferred to Tribunal on 22.04.2015 but after its abolition the matter was re-transferred to this Court and registered as CWPOA No. 3278 of 2019 and was listed on 24.08.2024 and the matter was finally heard on 06.06.2025. STAND OF RESPONDENTS IN REPLY: 5. Respondents No.1 to 3 filed a Reply- Affidavit dated 23.02.2015 of Director, Elementary Education, Himachal Pradesh. Reply-Affidavit admits that the petitioner was appointed as a Language Teacher on regular basis and he joined in GMS, Dharwar-Thach, District Mandi on 01.10.1980 in pay scale of Rs. 570-1080/- and he was given revised pay scale of Rs. 1640- 2925 w.e.f. 01.01.1986 and the same was revised to Rs. 5480-8925/- w.e.f. 01.01.1996. Reply-Affidavit admits that the petitioner was appointed as a Language Teacher on regular basis and he joined in GMS, Dharwar-Thach, District Mandi on 01.10.1980 in pay scale of Rs. 570-1080/- and he was given revised pay scale of Rs. 1640- 2925 w.e.f. 01.01.1986 and the same was revised to Rs. 5480-8925/- w.e.f. 01.01.1996. In Reply-Affidavit, the Respondents-State Authorities have stated that the petitioner completed 32 years of service as Language Teacher on 30.09.2012 and on completion of this service though he was entitled for the proficiency step-up under Old ACPS w.e.f. 01.10.2012 but after the issuance of the Himachal Pradesh Civil Services (Category- Post Wise Revised Pay) Rules of 2012 as applicable w.e.f. 01.10.2012, once grade pay of the petitioner was enhanced from Rs 3800 GP to Rs 4400 GP w.e.f 1.10.2012 therefore, in view of the decision dated 26.02.2013 and enhancement in grade pay given w.e.f. 1.10.2012, the claim for incremental benefit under the Old ACPS, on completion of 32 years of service w.e.f. 01.10.2012 {by raising his grade pay from Rs 4400 to Rs 5000} was rejected on 11.12.2013 [Annexure P-3]. REBUTTAL BY PETITIONER: 6. Petitioner filed a rejoinder stating that communication dated 26.02.2013 was not applicable and he reiterated his claim for Proficiency Step-up under the Old ACPS on completion of 32 years service w.e.f. 01.10.2012. 7. Heard, Mr. Neel Kamal Sharma, Learned Counsel for the petitioner and Mr. Sidharth Jalta, Learned State Counsel and also gone through the case records. CONTROVERSY INVOLVED: 8. The question for determination in the instant case is as under: Whether proficiency step-up due under the Old ACP Scheme w.e.f. 1.10.2012 on completion of 32 years of service rendered on same post/cadre and in same service could be denied merely due to the grant of higher grade pay under the HPCS [Revised Pay] Rules 2012 w.e.f. 1.10.2012? HPCS REVISED PAY RULES AND INSTRUCTIONS GOVERNING PROFICIENCY STEP-UPS AND ASSURED CAREER PROGRESSION SCHEME [ACPS]: 9. HPCS REVISED PAY RULES AND INSTRUCTIONS GOVERNING PROFICIENCY STEP-UPS AND ASSURED CAREER PROGRESSION SCHEME [ACPS]: 9. In order to appreciate the controversy, it is necessary to have a recap of the Himachal Pradesh Civil Service [Revised Pay] Rules notified under the proviso to Article 309 of the Constitution of India governing the grant of revised pay scale /revised pay and the Instructions and Assured Career Progression Scheme [ACP’s] governing grant of the Proficiency Step-Up of the State Government employees reads as under: SCOPE OF HPCS (REVISED PAY) RULES AND INSTRUCTIONS ON PROFICIENCY STEP UP APPLICABLE FROM 01.01.1986: 9(i). State Authorities notified the Himachal Pradesh Civil Services [Revised Pay] Rules on 07.11.1988 giving the revised pay scales for its employees w.e.f. 01.01.1986. In addition to the revised pay scales, the State Authorities issued Instruction dated 14.06.1989 [Taken on Record], granting two Proficiency Increments on completion of 08 years and 18 years of service rendered by an employee in one cadre w.e.f. 01.01.1986 subject to suitability to be assessed, with the rider, that an employee shall be eligible for two proficiency increments only if, he has not gained any enhancement in basic pay except by way of annual increments and fixation of pay as a result of revision of pay scales from time to time. The relevant part of Instructions dated 14.06.1989 reads as under:- “ No. Fin(C)B(7)-6/88 Government of Himachal Pradesh Finance Department (Pay Revision Section) To 1. All the Administrative Secretaries to the Govt. of H.P. 2. All Heads of Departments in Himachal Pradesh. 3. All Divisional Commissioners in Himachal Pradesh. 4. The Registrar, High Court of Himachal Pradesh. 5. All the Deputy Commissioners in Himachal Pradesh. Dated Shimla-171002, the 14 June, 1989. Subject: Sanction of additional increment by way of proficiency step up (PROP). Sir, I am directed to state that issue relating to grant of proficiency increment (PROP) to the State Government employees has been under consideration of the Govt. for some time past and the Governor, Himachal Pradesh is pleased to order as under :- 1) Annual increment will continue to be granted as heretofore. Sir, I am directed to state that issue relating to grant of proficiency increment (PROP) to the State Government employees has been under consideration of the Govt. for some time past and the Governor, Himachal Pradesh is pleased to order as under :- 1) Annual increment will continue to be granted as heretofore. In addition to such annual increment, an employee will be entitled for an additional increment on completion of 8 year’s service and second additional increment on completion of 18 years’ service on or after the appointed day, that is only after fixation of his pay in the revised pay scale against a post, in the form of proficiency step up, subject to suitability as explained in the succeeding paragraphs. 2) In adjudging the suitability for the proficiency step(s)-up, the procedure for assessing the work and conduct to satisfactory as applicable to a case of award of selection grade shall be followed and it shall be given only if the employee is found suitable for the same. An employee, who is not considered fit for a proficiency step(s)- up that is, whose assessment of work and conduct is below the requisite standards, shall not be given the additional increment (s) but his regular increment if otherwise due shall be release as usual; 3) In case an employee is found unsuitable for the grant of proficiency step up (s) on a particular date, his case will be reviewed thereafter for the grant of that step up on year to year basis and he will be granted that step up on and from the date when he is found suitable for the same. The suitability for this purpose shall be determined after taking into consideration the ACRs of the employee upto the 31st March of the preceding year. 4) Non-grant of proficiency step up on account of unsuitability shall not be considered as punishment under the Central Civil Services (Classification Control & Appeal) Rules. 5) The competent authority for the grant of proficiency step up (s) shall be the same as in the case of award of selection grade. Representation/ appeal etc., against the order of non-grant of prop increment shall also lie with the authority specified in the case of award of selection grade. 6) The case for grant of proficiency step up (s) shall be taken at least three months before the due date. Representation/ appeal etc., against the order of non-grant of prop increment shall also lie with the authority specified in the case of award of selection grade. 6) The case for grant of proficiency step up (s) shall be taken at least three months before the due date. For a case becoming eligible before 30th September (31st December in the case of teaching staff of Education Department) of a financial year, the annual confidential reports upto the 31st March of the preceding year only should be considered. 7) For reckoning the period of 8 and 18 years on the date of award of prop increment: a) Entire service in the time scale and senior scale or more placements (not involving fixation of pay at higher level) in one cadre shall be counted. In case pay in senior scale is fixed at the minimum, whereby one gets benefit of one or more increments, period of 8 years or 18 years shall be reckoned from the date of placement in the senior scale. b) Period of service rendered against a cadre in the same time scale will be counted. If, however, selection grade has been awarded, the period will be reckoned from the date of award of selection grade, as it involves fixation of pay at higher stage. c) Period of service rendered against an ex-cadre post will also be taken into account for reckoning the period of 8 or 18 years for the grant of proficiency increment. (substituted vide letter No. Fin(C)B(7)-6/88 dated 18th August, 1989.) d) If two time scales of two cadres comprising of feeder posts and promotional posts have been merged into a single revised scale of pay, service rendered against the time scale of the feeder cadre post and revised pay scale of two cadres shall be taken into account, subject to the condition as stipulated under para-7 (a) above. 8) An employee will be eligible to proficiency increment (s) only if he has not gained any enhancement in his basic pay, except by way of annual increments and fixation of pay as a result of revision of pay scales from time to time, during preceding eight years for first prop-increment, and 18 years for second prop-increment as on the date from which prop increment is given. 9) As a necessary corollary to this decision, the existing institution of efficiency bar is abolished. 9) As a necessary corollary to this decision, the existing institution of efficiency bar is abolished. But the cases of efficiency bars, which fell due prior to 1.1.1986, would be settled according to the then prevalent rules/instructions. 10) After grant of proficiency increment, next increment will be admissible on the date it would have fallen due but for grant of prop-increment. In other words the date of annual increment will not change on account of grant of prop- increments. 11) For teaching personnel under the Education Department who are entitled to senior scale after 8 years service and selection grade after 18 years service, it is clarified that eligible incumbents will be entitled to prop increments in addition to senior scale and selection scale as the case may be if fixation in senior scale and selection scale does not involve enhancement in basic pay. 12) Proficiency step up will not be admissible to the officers of HPAS, HPPS, HPFS and those governed by the UGC pay scales. 13) It may also be clarified that no step up in the pay as a result of enhancement of pay of a junior higher than that of his senior will be admissible. 14) Prop will not be admissible beyond the maximum of the scale. 15) For allowing prop increment (s), no fresh option for fixation of pay in revised scale w.e.f. 1.1.1986 will be admissible. For any interpretation/clarification of decision contained in this letter, the Finance Department shall be final authority. Yours faithfully, Sd/- Deputy Secretary (Finance-R) to the Govt. of Himachal Pradesh. 14.6.89” Perusal of the HPCS (Revised Pay) Rules as applicable w.e.f. 01.01.1986 and the Instructions dated 14.06.1989 (supra) governs the grant of Proficiency Increments or Senior Scale and Selection Grade for the state government employees firstly, after completion of 08 years’ service and secondly after completion of 18 years of service on the same post and in the same cadre. Instructions dated 14.06.1989 (supra) provided that these proficiency increments were to be granted to employees, who have not received any enhancement in basic pay, except by way of annual increment or fixation as a result of revision of pay scales. SCOPE OF HPCS [REVISED PAY] RULES DATED 20.01.1998 & 01.09.1998 AND ACPS DATED15.12.1998 : APPLICABLE W.E.F. 1.1.1996: 10. Instructions dated 14.06.1989 (supra) provided that these proficiency increments were to be granted to employees, who have not received any enhancement in basic pay, except by way of annual increment or fixation as a result of revision of pay scales. SCOPE OF HPCS [REVISED PAY] RULES DATED 20.01.1998 & 01.09.1998 AND ACPS DATED15.12.1998 : APPLICABLE W.E.F. 1.1.1996: 10. In exercise of powers vested under the proviso to Article 309 of the Constitution of India, the State Authorities notified Himachal Pradesh Civil Services [Revised Pay] Rules on 20.01.1998 which were amended on 01.09.1998 and were made applicable from 01.01.1996. In addition to the HPCS [Revised Pay] Rules, the State Authorities also issued Assured Career Progression Scheme [referred to as ‘ACPS’] on 15.12.1998 [Taken on Record], providing for granting next higher pay scales and proficiency step-up upon completion of 8-16-24-32 years of service to those employees who could not be promoted to the next level either due to non-availability of a vacancy at next higher level or non-existence of promotional avenues in a cadre, by counting service rendered by an employee on the same post. Even Clause 2(b)(v) of ACP Scheme provides that the pay of an employee shall be first fixed in revised pay under revised pay rules and then under ACPS. Clause 5 of the ACP Scheme dated 15.12.1998 provides that the conditions governing grant of proficiency step up already notified shall continue to be applicable mutatis mutandis in accordance with above orders. The relevant extract of the HPCS [Revised Pay] Rules dated 20.01.1998, reads as under: “GOVERNMENT OF HIMACHAL PRADESH FINANCE DEPARTMENT (PAY REVISION SECTION) NOTIFICATION Dated Shimla-171002, the 20th January, 1998 No. Fin-(PR) B(7)-1/98.—In exercise of the powers conferred under Article 309 of the Constitution of India and proviso to sub-rule (1) of rule 10 of the Vidhan Sabha (Recruitment and conditions of Service rules, 1974, as amended from time to time, the Governor, Himachal Pradesh, is pleased to make the following rules namely:- RULES 1. Short title and commencement.- (1) These rules may be called the Himachal Pradesh Civil services (Revised Pay) Rules, 1998. (2) They shall be deemed to have come into force from the First day of January, 1996. Short title and commencement.- (1) These rules may be called the Himachal Pradesh Civil services (Revised Pay) Rules, 1998. (2) They shall be deemed to have come into force from the First day of January, 1996. 2 Application.- (1) Save as otherwise expressly provided by or under these rules, they shall apply to all the persons appointed to the services and posts in connection with the affairs of the State of Himachal Pradesh. (2) They shall not apply to the :- (a) Members of the All India Services serving in connection with the affairs of State of Himachal Pradesh; (b) Persons not in the whole time employment of the Government of Himachal Pradesh; (c) Persons paid out of contingencies; (d) Employees whose scales of pay have been determined on the recommendations of the University Grants commission (U.G.C.); (e) Work-charged employees; (f) Persons employed on contract basis, except when the contract provides otherwise; and (g) Persons specifically excluded wholly or inpart from the operation of these Rules. 3. Definitions.- In these rules, unless there is anything repugnant in the subject or context,- (a) “Basic Pay” means the basic pay i.e. the amount drawn monthly by a Government employee in the existing scale of the post held by him or to which he is entitled by reasons of his position in a cadre including ex-gratia annual increment (s) and additional pay, if any, but will not include any other type of pay like “Special pay”, “Personal Pay” etc.; NOTE:- In the case of a government employee who is member of the Himachal Pradesh Civil Medical Service (General Wing) and Himachal Pradesh Dental Service, the expression “basic pay” shall include additional increment (s) granted for House Jobs or Post-Graduate qualifications in the existing scale; (d) “Government” means the Government of Himachal Pradesh in the Department of Finance. (e) “Master Scale” means the scale of rupees 2520- 100-3220-110-3660-120-4260-140-4400-150-5000- 160-5800-200-7000-220-8100-275-10300-340-12000- 375-13500-400-15900-450-18600-500-23600; (f) “Revised Pay” means basic pay of a government employee in the revised scale appropriate to the existing emoluments; (g) “Revised Scale” in relation to an existing scale specified in column 2 of the schedule means the scale of pay specified against that scale in column 3 thereof; and (h) “Schedule” means a schedule annexed to these Rules. 4. 4. Revised Scale of Pay.- As from the date of commencement of these Rules, the scale of pay specified in column 3 of the Schedule against the scale specified in column 2 thereof shall be deemed to be the revised scale. 5. Drawal of Pay in the Revised Scale.- (i) Save as otherwise expressly provided in these Rules, a Government employee shall draw pay in the revised scale; Provided that a Government employee may opt to continue to draw pay in the existing scale until the date on which he earns his next or any subsequent increment in the existing scale or ceases to draw his pay in that scale; Provided further that the right to exercise option shall not be available to a person appointed to a post on or after the First day of January, 1996, (whether for the first time in government service, or by transfer or promotion from another post) and he shall be allowed pay only in the revised scale, without any benefit of pay fixation in the revised scale; (ii) The option to retain the existing scale under this rule shall be available only in respect of one existing scale. 7. Fixation of Pay in the Revised Scale.- The pay of a Government employee who opts or is deemed to have opted for the revised scale in terms of the provisions of these rules shall, unless in any case the Government by special order otherwise directs, be fixed in the following manner, namely:- (j) an amount representing forty percent of the basic pay in the existing scale shall be added to the “Existing Emoluments” of the employee; and (ii) after the existing emoluments have been so increased, the pay shall thereafter be fixed in the revised scale at the stage next above the amount of the existing emoluments so computed, if it falls between two stages and it the amount so computed is equal to a stage in the revised scale, then the pay shall be fixed at such equal stage; Provided that:- (a) to (d) not relevant. NOTE:- See Illustrations 1to 7 appended to these rules for guidance. NOTE:- See Illustrations 1to 7 appended to these rules for guidance. Provided further that in the case of a Government employee, who is in receipt of Special Pay or Special Allowance attached to a post in addition to pay in the existing scale which has been revised without Special Pay or Special Allowance, as the case may be, such a Government employee shall draw Special Pay or Special Allowance at the existing rate of amount as a measure personal to him so long as he holds that post; Provided further that in the case of a Government employee, who is in receipt of Special Pay, Special Allowance or Non Practising Allowance (N.P.A.) in addition to pay in the existing scale which has been revised with Special Pay, Special Allowance or Non-Practising Allowance (by whatever name it may be called) at the same rate or at different rate, such a Government employee shall draw Special Pay, Special Allowance or Non-Practising Allowance at the rate allowed with the revised scale. NOTE 1 Where the increment of a Government employee falls on the First day of January, 1996, he shall have option to draw the increment in the existing scale or the revised scale. NOTE 2 Where a Government employee is on lave on the First day of January, 1996, he shall become entitled to pay in the revised scale from the date he joins duty. In case of Government employees under suspension, he shall continue to draw subsistence allowance based on existing scale and his pay in the revised scale will be subject to final order on the pending disciplinary proceedings. 8-9. Not relevant. 10. Over-riding Effect:- The provisions of the Fundamental Rules and Instructions issued thereunder shall not apply to the extent that they are inconsistent with the provisions of these rules. 11. Powers to Relax:- Where the government is satisfied that the operation of these Rules causes undue hardship to any individual Government employee or class of Government employees, it may, by order in writing, relax or dispense with any of the provisions of these rules to such extent and subject to such conditions as it may consider necessary. 12. Interpretation:- If any question arises relating to the interpretation of any of the provisions of these rules, the Government shall decide the same and its interpretation shall be final. 12. Interpretation:- If any question arises relating to the interpretation of any of the provisions of these rules, the Government shall decide the same and its interpretation shall be final. By Order Sd/- F.C.-cum-Secretary (Finance) to the Government of Himachal Pradesh.” 10(i). The State Government notified Assured Career Progression Scheme on 15.12.1998 as applicable for its employees from 1.1.1996, reads as under: “No. Fin(PR)B(7)51/98 Government of Himachal Pradesh Finance (Pay Revision) Department. From: 1. All the Administrative Secretaries to the Govt. of Himachal Pradesh. 2. All Heads of Departments in Himachal Pradesh. 3. Registrar, H.P. High Court, Shimla. 4. Secretary, H.P. Vidhan Sabha, Shimla. Dated Shimla-171002, the 15th December, 1998. Subject: Introduction of "Assured Career Progression Scheme" for the regular employees of Government. Sir/Madam, I am directed to say that the matter regarding introduction of "Assured Career Progression Scheme" for regular employees of Government was under consideration of the Government. After careful consideration of the matter, the Governor, Himachal Pradesh has been pleased to decide that this Scheme shall be effective from 01-01-1996 and apply to all categories of State Government employees governed by the H.P. Civil Services (Revised Pay) Rules,1998 (hereinafter referred as the Rules, 1998) except in respect of the following:- i) Such categories of employees who have been allowed three or more grade structure of pay scales under the Rules,1998, ii) Categories of employees for whom benefit of career progression is/was already available under any Rules and instructions notified earlier; 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. 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. Service in the same post rendered before 01-01-1996 or the date opted for by an employee shall count for the purpose of this Scheme, subject to fulfillment of other conditions. v. Pay of an employee who was in service before 01-01-1996 shall be first fixed in the revised pay scale admissible to him under rules,1998 and then regulated as under :- (a) An employee who has rendered 8 years but less than 16 years service in the same post and has availed benefit of one proficiency step-up under the existing instructions shall be placed in the higher scale without benefit of any increment i.e. his pay will be fixed at the same stage in the master scale, since he has received one progression and has received accumulated benefit at the time of the pay fixation in lower revised scale. He shall be treated to have been placed in the higher scale on the date he was given the proficiency step-up. He shall be eligible for further benefits under this scheme as per (ii) and (iii) above. (b) An employee who has completed 16 years of service but less than 18 years of service in the same post and has been allowed benefit of one proficiency step-up under the existing instructions shall be placed in the higher scale after giving him benefit of one increment. He shall be deemed to have been placed in the higher scale after 8 years service and granted first proficiency step-up after 16 years service. He shall be eligible for second proficiency step-up and grant of higher pay scale as per (ii) and (iii) above. (c) An employee who has completed 18 years of service in the same post and has been allowed benefit of two proficiency step (s)-up under the existing instructions shall be placed in the higher scale without benefit of increment by adjusting this proficiency step-up granted after 8 years of service. He shall be notionally treated to have been placed to the higher pay scale after 8 years and granted first proficiency step-up after 16 years. He shall be eligible for second proficiency step up and placement in higher scale when he completes 24 years and 32 years in the same post. 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. 3. 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. 3. Fresh Option :- Employees who have opted to get their pay fixed from the date after 01-01-1996 would be given chance to give fresh option in writing within two months from the date of issue of this Scheme to get their pay fixed from the date earlier than the one already opted, if the date is to his advantage. 4. Eligibility and procedure for placement in higher scale/ proficiency step-ups. (i) Placement in higher scale and proficiency steps-up under this policy shall be granted only to those employees whose overall service record is adjudged as 'good'. If a departmental test is prescribed or acquisition of higher qualification is a pre requisite for promotion to the higher level then only those employees who clear such test or acquire such qualifications would be eligible for benefits under this scheme. (ii) The Competent Authority for grant of benefits under this scheme shall be the same as in the case of promotion. Representation/Appeals against the grant of higher pay scale/ proficiency steps- up under this scheme shall also lie in the same manner as in the case of promotion. 5. As a necessary corollary to this decision, the existing system of proficiency step(s)–up shall undergo a change to the extent indicated above. Other existing conditions governing the grant of proficiency step(s)– up already notified shall continue to be applicable mutatis mutandis in accordance with the above orders. The cases of proficiency steps-up which fell due prior to 01-01-1996 or the date opted for by an employee shall be settled according to the then prevalent instructions. 6. On placement to the next higher scale under this scheme, an employee would continue to do the same work with same designation. There will be no need for creation of any separate posts etc. and the employee shall remain on the strength of the same cadre. 7. All senior/ selection grades sanctioned to the categories of employees to whom these orders apply shall stand abolished with effect from the date of implementation of this decision. 8. For interpretation/ clarification of the decisions contained in this circular letter, Finance Department shall be the final authority. 9. 7. All senior/ selection grades sanctioned to the categories of employees to whom these orders apply shall stand abolished with effect from the date of implementation of this decision. 8. For interpretation/ clarification of the decisions contained in this circular letter, Finance Department shall be the final authority. 9. Arrears upto 31-03-1999 would be credited to the GPF accounts of the employees during April,1999 and the entire credited amount would not be withdrawn for a period of 3 years. The Government employees who have retired or ceased to be in Government service or had closed their GPF accounts before issue of this letter or who might close their account by the time the arrears are credited to GPF shall be paid the arrears in cash. Yours faithfully, Sd/- Additional Secretary (Finance) to the Government of Himachal Pradesh.” 10(ii). For regulating the grant of proficiency increment or higher grade pay for its employees as per the ACP Scheme dated 15.12.1998 from 1.1.1996, State Government issued communication dated 1.12.1999 [which is pari materia to earlier communication dated 14.06.1989, supra] reads as under: “No. Fin(PR)B(7)51/98 Government of Himachal Pradesh Finance (Pay Revision) Department. From 1. All the Administrative Departments inGovernment of Himachal Pradesh. 2. All Heads of Departments in Himachal Pradesh. 3. The Registrar, H.P. High Court, Shimla-1. 4. The Secretary, H.P. Vidhan Sabha, Shimla-4 Dated Shimla-171002, the 1.12.1999. Subject: Introduction of "Assured Career Progression Scheme" for the regular employees of Government. Sir/Madam, I am directed to refer to this Department’s letter of even number dated 15.12.1998 and to say that para-5 thereof provides that other existing conditions governing the grant of prop. Step(s)-up already notified shall continue to be applicable mutatis- mutandis in accordance with the above orders. Accordingly to the instructions issued vide letter No. Fin(C)B(7)-6/88, dated 14.6.1989 and clarificatory order dated 6.4.1990 and letter No. Fin (PR) (7)- 17/90, dated 17.8.1990, for the purpose of reckoning of period of 8 years and 18 years for grant of prop step(s)-up the date from which an employee has gained enhancement in his basic pay except by way of annual increments and fixation of pay as a result of revision of pay scales is taken into account. It is clarified that:- “ for benefit under any of the four listed benefits of the Assured Career Progression Scheme, the period of 8/16/24/32 years shall be reckoned with the overall years of service deducted from which would be the period(s) during which the official has gained enhancement in the basic pay, and however has continued in the substantive (lower) scale thereafter. The enhancement in basic pay on account of annual increments and as a result of fixation of pay in revised pay scales will not mean enhancement in basic pay for this purpose.” Yours faithfully, Sd/- Under Secretary (Finance) to the Government of Himachal Pradesh.” A combined reading of HPCS (Revised Pay) Rules and the ACP Scheme dated 15.12.1998 applicable w.e.f. 01.01.1996, mandates in Clause 2(b)(v) and Clause 5 that pay of an employee is first to be fixed in the revised pay scale and thereafter under the ACP Scheme by giving higher pay scale and proficiency service on completion of 8,16,24 & 32 years of service, on a same post, in a cadre, subject to assessment of suitability of said employee in terms of prescribed norms by the competent authority. Such benefit shall not be admissible, in case, an employee has earned enhancement in basic pay during such period with the exception that in case, the enhancement in basic pay is on account of annual increment or due to fixation of pay in revised pay under revised pay rules, shall not mean enhancement in basic pay for purpose of releasing ACP benefits”. SCOPE OF HPCS [REVISED PAY] RULES DATED 26.08.2009 AND NEW ACP SCHEME DATED 09.08.2012: 11. The State Authorities in exercise of the powers vested in proviso to Article 309 of the Constitution of India notified the Himachal Pradesh Civil Services [Revised Pay] Rules on 26.08.2009 granting revised pay scales w.e.f. 01.01.2006. In addition to the revised pay scales, the State Authorities issued New Assured Career Progression Scheme on 09.08.2012 applicable from 27.08.2009 giving additional benefits by way of next higher grade pay to those employees who could not be promoted to the next level either due to non-availability of vacancy in next level or non-existence of promotional avenue after service of 4-9-14 years of service in a post [without any financial upgradation in same cadre]. Clause 2 of the New ACP Scheme dated 09.08.2012 made this scheme optional enabling employees to get the benefit of Old ACP Scheme dated 15.12.1998 after completion of 8-16-24 & 32 years of service on a post, in a time scale, in a cadre. Clause 4(a) of New ACP Scheme dated 09.08.2012 provides that an employee who opts for New ACPS shall be entitled to a maximum of three placements in the next higher grade pay under this Scheme. Clause 4(f) of New ACP Scheme dated 09.08.2012 provides that the conditions for governing grant of Proficiency Step-Up/ACP Scheme already notified [i.e. 14.06.1989, 06.04.1990 and 01.12.1999], shall continue to apply mutatis mutandis. Clause 4(k) of the New ACP Scheme dated 09.08.2012 provides that in case an employee opts for the New ACPS, then, the benefits already received under the Old ACPS [dated 15.12.1998] shall be adjusted. The Relevant extract of the HPCS [Revised Pay] Rules dated 28.08.2009 and the New ACP Scheme dated 09.08.2012 read as under:- GOVERNMENT OF HIMACHAL PRADESH DEPARTMENT OF FINANCE (PAY REVISION SECTION) N O T I F I C A T I O N Dated Shimla-171002, the 26th August, 2009 No. Fin-(PR)B(7)-1/2009 In exercise of the powers conferred under proviso to Article 309 of the Constitution of India and proviso to sub-rule (1) of rule 10 of the Vidhan Sabha (Recruitment and Conditions of Service Rules, 1974, as amended from time to time), the Governor, Himachal Pradesh, is pleased to make the following rules, namely:- 1. Short title and commencement. - (1) These rules may be called the Himachal Pradesh Civil Services (Revised Pay) Rules, 2009. (2) They shall be deemed to have come into force on and with effect from the first day of January, 2006. 2. Application. (1) Save as otherwise expressly provided by or under these rules, they shall apply to all the persons appointed to the services and posts in connection with the affairs of the State of Himachal Pradesh. (2) They shall be deemed to have come into force on and with effect from the first day of January, 2006. 2. Application. (1) Save as otherwise expressly provided by or under these rules, they shall apply to all the persons appointed to the services and posts in connection with the affairs of the State of Himachal Pradesh. (2) They shall not apply to the: - (a) Members of the All India Services serving in connection with the affairs of the State of Himachal Pradesh; (b) Persons not in the whole-time employment of the Government of Himachal Pradesh; (c) Persons paid out of contingencies; (d) Employees whose scales of pay have been determined on the recommendations of the University Grants Commission; (e) Work-charged employees; (f) Persons employed on contract basis; and (g) Persons specifically excluded wholly or in part from the operation of these rules. 3. 3. Definitions: - In these rules, unless there is anything repugnant in the subject or context; (a) “existing basic pay” or “pre-revised basic pay” means the pay drawn in the prescribed existing/pre-revised scale of pay including ex-gratia annual increment(s), but does not include any other type of pay like ‘special pay’ or “Personal Pay” etc; (b) “existing scale” or “pre-revised scale” in relation to a Government employee means the scale in respect of a post held or higher scale granted under the Assured Career Progression Scheme to him, as the case may be, or personal scale allowed to him on the first day of January, 2006, whether in a substantive or officiating capacity; Explanation.- In the case of a Government employee, who was on the first day of January, 2006, on deputation out of India or on leave or on foreign service, or who would have on that date officiated in one or more lower posts, but for his officiating in a higher post, “existing scale” shall include the scale applicable to the post which he would have held, but for his being on deputation out of India or on leave or on foreign service, as the case may be, but for his officiating in a higher post; (e) “Government” means the Government of Himachal Pradesh; (f) “Pay in the pay band” means the pay drawn in the running pay bands specified in column 6 of the Schedule; (g) “Grade pay” means the fixed amount corresponding to the pre-revised pay scales specified in column 7 of the Schedule; (h) “Revised pay structure” in relation to any postor pre-revised scale specified in column 3 of the Schedule, means the pay band and grade pay, as specified against that post or pre-revised pay scale in columns 6 and 7 thereof, unless a different revised pay band and grade pay or pay scale is notified separately for the post; (i) “Basic pay” in the revised pay structure means the pay drawn in the specified pay band plus the applicable grade pay, but does not include any other type of pay like special pay etc.; (j) “Revised emoluments” means the pay in the pay band plus the grade pay of a Government employee in the revised pay structure and includes dearness allowance; and 4. Revised Pay Structure/Scale of pay of posts. Revised Pay Structure/Scale of pay of posts. - The corresponding revised pay structure which is a sum of pay in the pay band and grade pay as applicable, to every post or pre-revised scale, specified in the Schedule, shall be, as shown therein against each post or pre-revised scale thereof. 5. Drawal of pay in the revised pay structure. - Save as otherwise provided in these rules, a Government employee shall draw pay in the revised pay structure applicable to the post to which he is appointed: Provided that a Government employee may opt to continue to draw pay in the existing scale, until the date on which he earns his next increment in the existing scale. Provided further that in cases where a Government employee has been placed in higher pay scale between 1.1.2006 and the date of notification of these Rules on account of promotion, upgradation of pay scale under the Assured Career Progression Scheme or otherwise, the Government employee may elect to switch over to the revised pay structure from the date of such promotion, upgradation etc. Provided further that in case where a Government employee has been placed in higher pay scale under the un-revised pay scales between 1.1.2006 and the date of notification of these rules on account of promotion or progression under the Assured Career Progression Scheme, the pay of the government employee on the date of grant of such higher scale shall be regulated in such a manner that his corresponding revised pay in the revised pay structure is not lower than that shown in the Fitment Table, applicable to such pre-revised higher scale. Explanation 1 - The option to retain the existing scale under the first and second provisos to this rule shall be admissible only in respect of one existing scale. Explanation 2 - The aforesaid option shall not be admissible to a person, appointed to a post on or after the first day of January, 2006, whether for the first time in Government service or by transfer from another post and he shall be allowed pay only in the revised pay structure. 7. Explanation 2 - The aforesaid option shall not be admissible to a person, appointed to a post on or after the first day of January, 2006, whether for the first time in Government service or by transfer from another post and he shall be allowed pay only in the revised pay structure. 7. Fixation of pay in the revised pay structure - The pay of a Government employee, who opts or is deemed to have opted under sub-rule (3) of rule 6 to be governed by the revised pay structure in terms of the provisions of these rules, shall, unless in any case, the Government by special order otherwise directs, be fixed in the following manner, namely: - (i) the basic pay in the revised pay structure will be fixed with reference to the existing basic pay in the pre-revised pay scale of the post including higher scale granted under the Assured Career Progression Scheme as on 01.01.2006 or thereafter, as the case may be, and shall be an amount equal to the sum of the ‘pay in the pay band’ and ‘grade pay’ as shown in column 4 of the Fitment Table applicable to the relevant post or pre-revised pay scale; (ii) in case of employees, who are getting ex-gratia increments on the date of option, the revised basic pay shall be determined by multiplying the existing basic pay with 1.86 rounded off to the next higher ten and adding Grade Pay as given in the applicable Fitment Table; (iii) an employee, who reaches at the maximum of the Pay Band, shall be placed in the higher pay band after one year without any change in the Grade Pay; and (iv) In the case of a Government employee, who is in receipt of Special Pay, Family Planning Allowance, Special Allowance or Non-Practising Allowance (NPA) or by whatever name it may be called, such a Government employee shall draw the said allowances at the same rate or at different rates in the revised scale. Provided that in such cases, the said allowance at the new rate shall be drawn in addition to pay in the revised pay structure from the date specified in the individual notifications relating to these allowances. Note 1. Provided that in such cases, the said allowance at the new rate shall be drawn in addition to pay in the revised pay structure from the date specified in the individual notifications relating to these allowances. Note 1. Where the increment of a Government employee falls on the first day of January, 2006 he shall have the option to draw the increment in the existing scale or in the revised Pay Band. Note 2 to 7 not relevant. 9. Rate of increment in the revised pay structure. - The rate of increment in the revised pay structure will be three per cent of the sum of the pay in the pay band and grade pay applicable, which will be rounded off to the next multiple of 10. The amount of increment will be added to the existing pay in the pay band. 10. Date of next increment. - The next increment of a Government employee, whose pay has been fixed in the revised pay structure in accordance with rule 7, shall be granted on the date, he would have drawn his increment, had he continued in the existing scale: Provided that the next increment of a Government employee whose pay is fixed on the first day of January, 2006 at the same stage as the one, fixed for another Government employee junior to him in the same cadre and drawing pay at a lower or equal stage than his senior in the existing scale, shall be granted on the same date as admissible to his junior, if the date of increment of the junior happens to be earlier. 13. Overriding effect – The provisions of the Fundamental Rules, O.M. No.Fin C-(B)-9/79 dated 2nd November, 1979 and various orders issued thereunder from time to time, the Himachal Pradesh Civil Services (Revised Pay) Rules, 1988, as well as various orders issued thereunder, the Himachal Pradesh Civil Services (Revised Pay) Rules, 1998 and various orders issued thereunder shall not, save as otherwise provided in these rules, apply to cases where pay is regulated under these rules, to the extent they are inconsistent with these rules. 14. Power to relax. 14. Power to relax. – Where the Government is satisfied that the operation of these rules causes undue hardship to any individual Government employee or class of Government employees, it may, by an order in writing, relax or dispense with any of the provisions of these rules to such extent and subject to such conditions, as it may consider necessary. 15. Interpretation. – If any question arises relating to the interpretation of any of the provisions of these rules, the Government shall decide the same. BY ORDER Sd/- Principal Secretary (Finance) to the Government of Himachal Pradesh” 11(i) In addition to the HPCS (RP) Rules dated 26.08.2009, the State Government notified the ACP Scheme dated 09.08.2012, which reads as under: “No. Fin(PR)B(7)-59/2010 Government of Himachal Pradesh Finance (Pay Revision) Department, From Principal Secretary (Finance) to the Government of Himachal Pradesh. 1. All the Administrative Secretaries to the Government of Himachal Pradesh. 2. All Heads of the Department in Himachal Pradesh. 3. All Divisional Commissioners in Himachal Pradesh. 4. All Deputy Commissioners in Himachal Pradesh. Dated: Shimla-171002, the 9th August, 2012. Subject:- Introduction of new Assured Career Progression Scheme on completion of 4, 9 & 14 years of service in a cadre and restoration of old (8-16-24-32) Assured Career Progression Scheme for government employees. Sir/Madam I am directed to invite a reference to the subject cited above and to state that the matter regarding grant of Assured Career Progression Scheme on completion of 4, 9 and 14 years of service in a cadre has been engaging the attention of the State Government for some time past. The Governor, Himachal Pradesh, is pleased to introduce "Assured Career Progression Scheme" on completion of 4, 9 and 14 years of service in a cadre w.e.f 27.08.2009 (i.e. date before which earlier scheme was in operation) which shall apply to all categories of State Government employees governed by Himachal Pradesh Civil Services (Revised Pay) Rules, 2009, except in respect of the following cases/categories:- (i) Such categories of government employees who have been allowed three or more grade structure of pay scales under the H.P. Civil Services (Revised Pay) Rules, 1998 and further corresponding conversion under H.P. Civil Services (Revised Pay) Rules, 2009. (ii) Those categories of government employees for whom benefit of Career Progression is/was available under any other rules/instructions notified earlier. (ii) Those categories of government employees for whom benefit of Career Progression is/was available under any other rules/instructions notified earlier. (iii) Those categories of government employees, whose pay scales are governed by MHRD/UGC guidelines, All India Service Officers, Judicial Service Officers etc. having different pay structures. (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 8900. 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. (b) An employee who has completed four years service but less than 8 years service in a cadre will be placed in next grade pay in the hierarchy of grade pays and his pay will be fixed at next higher stage in the pay band. If the pay so fixed is less than the minimum of higher pay band than his pay will be fixed at the minimum of higher pay band. The next increment in such cases will be given after qualifying service of 12 months in the higher pay band. c) An employee who has rendered 4 years of service but less then 9 years of service in the cadre and has availed benefit of placement in the next higher scale in the hierarchy of pay scales after eight years of service shall get nothing as he has already availed benefit of one increment and placement in the next higher pay scale under the existing Assured Career Progression scheme of 8, 16, 24 and 32 years of service. (d) An employee who has competed 9 years of service but less than 14 years of service in a cadre in the same post and availed one placement in the next higher scale in the hierarchy of pay scales under the existing Assured Career Progression scheme after a service of 8 years shall be placed in the next higher grade pay in the hierarchy of grade pays and his pay shall be fixed at the next higher stage in that pay band. (e) An employee who has completed 14 years of service in a cadre but less than 16 years in the same post and availed one placement in the next higher scale in the hierarchy of pay scales under the existing Assured Career Progression scheme after a service of 8 years shall be allowed two placements in the next higher grade pays in the hierarchy of grade pays i.e. after 9 years and 14 years service and his pay shall be fixed at the next higher stage in that each pay band. (f) An employee who has completed 16 years of service in a cadre but less than 24 years of service in the same post and has availed one placement in higher scale in the hierarchy of pay scales and one benefit of proficiency step-up under the existing Assured Career Progression scheme shall be placed in the next two higher grade pays in the hierarchy of grade pays with benefit of one increment only and his pay shall be fixed at next stage in the pay bands. (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. 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. (b) The procedure for assessing the work and conduct for placement in the higher scale shall be the same as applicable to the case of promotion. The placement in higher scale shall be allowed only to these employees whose overall service record during the span of satisfactory service, is adjudged as 'Good' and the employee is otherwise suitable for promotion "Good" record shall mean that more than 50% Annual Confidential Reports are good and out of last three years report at least two should be 'Good'. For all the remaining years the benchmark may be 'Average (c) On placement in next higher grade pay under this scheme, an employee would continue to do the same work with same designation and there will be no need for creation of any separate post(s) and the employee shall remain on the strength of the same cadre. (d) An employee who is dismissed or is under suspension or on leave will be allowed to exercise his option under this scheme within two months from the date he/she joins duty. (e) If the higher grade pay is not granted on account of unsuitability, it shall not be considered as punishment under the C.C.S (CCA) Rules, 1965. Competent Authority for grant of higher grade pay shall be the same as in the case of promotion. Representations/Appeals against the non-grant of higher grade pay under this scheme shall also lie in the same manner as in the case of promotion. (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 inaccordance with the above orders. The cases of ACP /proficiency step-up, which fell due prior to 27.08.2009, shall be settled according to the then prevalent instructions. (9) The progressions granted under this scheme shall be purely personal to the employee and shall have no relevance to his seniority position.As such, the senior employees shall have no claim of parity of pay on the ground that the junior employee working on the same post has got higher pay or grade pay under this scheme. (9) The progressions granted under this scheme shall be purely personal to the employee and shall have no relevance to his seniority position.As such, the senior employees shall have no claim of parity of pay on the ground that the junior employee working on the same post has got higher pay or grade pay under this scheme. While implementing this scheme, the difference in pay scales on account of grant of financial upgradation under the old ACP Scheme (15.12.98) and under this scheme within the same cadre shall not be construed as an anomaly. (h) No stepping up of pay in the pay band and grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under this scheme. (1) The benefits under this new Assured Career Progression Scheme (4-9-14) and old Assured Career Progression Scheme (8-16-24-32) shall be granted on notional basis with effect from 27th August, 2009 and on actual basis from the date of issue of these orders. (j) For Interpretation/ clarification/ modification of the decisions contained in the circular letter, the Finance Department shall be the final authority. (k) The benefit gained by an employee under the existing scheme (8-16-24-32) will be adjusted in this scheme. (1) The competent authority for the grant of placement in the next higher grade pay and grant of intrement(s) shall be the same as in the case of promotion. Yours faithfully. Sd/- Joint Secretary (Finance) to the Government of Himachal Pradesh.” Perusal of the HPCS [Revised Pay] Rules dated 26.08.2009 and the New ACP Scheme dated 09.08.2012 reveals that only such an employee who opts for New ACP Scheme by exercising option within two months from date of issuance of Scheme would be covered by this scheme. In case an employee does not submit the requisite option for being covered under New ACP Scheme, within stipulated time-line then, such an employee, alike the petitioner in the instant case was to be governed and granted benefits under the Old ACP Scheme dated 15.12.1998. Even Clause 4(f) of New ACP Scheme dated 09.08.2012 reiterates that other conditions governing grant of benefits shall remain the same, as issued earlier. Even Clause 4(f) of New ACP Scheme dated 09.08.2012 reiterates that other conditions governing grant of benefits shall remain the same, as issued earlier. Meaning thereby that in terms of the earlier orders dated 14.06.1989, 06.04.1990 and 01.12.1999, an employee shall be eligible and entitled for benefits of ACP Scheme, in case an employee has rendered service of [8-16-24-32 years of service on same post, in same cadre] under Old ACP Scheme provided such an employee has not gained enhancement in basic pay during such period, with the further clarification that enhancement in basic pay due to annual increments and fixation of pay as a result of revision of pay scales shall not be construed as enhancement in basic pay for purpose of ACPS. SCOPE OF HPCS [CATEGORY/POST-WISE [REVISED PAY] RULES DATED 24.09.2012 AND ITS SCHEDULE IN CASE OF PETITIONER LANGUAGE TEACHERS: 12. State in exercise of powers vested under the proviso to Article 309 of the Constitution of India notified the Himachal Pradesh Civil Services [Category/Post-Wise Revised Pay] Rules 2012 on 24.09.2012 [referred to as Re-revised Rules]. Clause 2 of these Rules provides that these Rules shall apply to category of posts as mentioned in the Schedule, which could be added or deleted as per Rule 9 of these Rules. In terms of these Rules of 2012, the State Authorities notified the Schedule for Language Teachers on 27.09.2012 giving the pay band of Rs. 10300-34800+4400 GP on completion of 2 years of regular service w.e.f. 01.10.2012, reads as under: GOVERNMENT OF HIMACHAL PRADESH FINANCE (PAY REVISION) DEPARTMENT NOTIFICATION No. Fin{PR)-B(7)-64/20iO- Dated: Shimla-2, the 27th September, 2012 In exercise of the powers conferred by Rule 9 of Himachal Pradesh Civil Services (Category/Post wise Revised Pay) Rules, 2012, read with Rule 3 of rules ibid, the Governor, Himachal Pradesh, is pleased to add the following categories/posts in the "Schedule" to the rules ibid, as under:- Sd/- PRINCIPAL SECRETARY (FINANCE) TO THE GOVERNMENT OF HIMACHAL PRADESH Endst. No. As above. Dated: Shimla-2, the 27th September, 2012. In background of the HPCS Re-revised Pay Rules of 2012, the petitioner completed 2 years regular service as Language Teacher and was granted the pay band of Rs 10300-34800 + 4400 GP w.e.f. 01.10.2012, is clear from the extract of Service Book as in Annexure P-1. ANALYSIS: 13. No. As above. Dated: Shimla-2, the 27th September, 2012. In background of the HPCS Re-revised Pay Rules of 2012, the petitioner completed 2 years regular service as Language Teacher and was granted the pay band of Rs 10300-34800 + 4400 GP w.e.f. 01.10.2012, is clear from the extract of Service Book as in Annexure P-1. ANALYSIS: 13. Based on the Himachal Pradesh Revised Pay Rules notified from time to time as referred to above and the Instructions and the Assured Career Progression Scheme(s) notified from time to time, as discussed in Paras 8 to 12 supra, as per Himachal Pradesh Civil Services (Category/ Post wise Revised Pay) Rules, 2012, once the benefit of higher grade pay of Rs 4400 in the pay band of Rs 10300-34800 stood released to the petitioner w.e.f. 01.10.2012 and even if the benefit of proficiency increment by way of higher- next grade pay became due to petitioner under Old ACPs on completion of 32 years of service from same day [w.e.f. 01.10.2012 so as to raise his Grade Pay from Rs. 4400 to Rs. 5000 GP] and since the petitioner had gained enhancement in basic pay {from Rs 3800 GP to Rs 4400 GP in pay band of Rs 10300-34800 as on 01.10.2012} in terms of the Himachal Pradesh Civil Services [Category Post-Wise Revised Pay] Rules notified on 27.09.2012 therefore, the claim was rejected on 11.12.2013 [Annexure P-3] and the rejection orders and the denial of Proficiency Step up under Old ACPS on completion of 32 years of service w.e.f. 01.10.2012, is untenable, for the following reasons:- 13(i). Reference to Paras 8 to 12 (supra) reveals that the State Authorities notified the revised pay scales for its employees w.e.f. 01.01.1986 which was again revised w.e.f. 01.01.1996 and further revised w.e.f. 01.01.2006. In addition to this the State Government notified the Rerevised Rules i.e. the HPCS [Category-Post Wise Revised Pay] Rules on 24.09.2012 and those re-revised rules were made applicable for category of the petitioner, who is a Language Teachers as per the Notification dated 27.09.2012, whereby, the grade pay of Rs 3800/- in pay band of Rs.10300-34800 was enhanced/revised to Rs.4400/- to those who had completed two years of regular service w.e.f. 1.10.2012. 13(ii). Pertinently, the revision of pay scales was based on a comprehensive periodical review of the existing wage structure, cadre requirement, performance of employee inflation and other factors for its existing employees. 13(ii). Pertinently, the revision of pay scales was based on a comprehensive periodical review of the existing wage structure, cadre requirement, performance of employee inflation and other factors for its existing employees. In addition to revised pay scales structure, the State Authorities had introduced the Scheme for granting Proficiency Step Up on 14.06.1989 and thereafter notified Assured Career Progression Scheme {referred to as Old ACPS} from time to time on 15.12.1998 which was applicable w.e.f. 1.1.1996 and thereafter notified the New Assured Carrer Progression Scheme{referred to as New ACPS} on 09.08.2012 and made applicable from 27.08.2009, giving financial upgradation to the existing employees, who could not be promoted either due to non-availability of vacancies in next level or non-existence of promotional level in a cadre, so as to provide financial incentives in lieu of stagnation on same post, in same time scale, and in same cadre. In this scenario, the object of revision of pay scales is to reschedule its existing wage structure of its employees. The object of ACPS is to grant the financial benefits-upgradation to an employee in lieu of promotion so as to obviate his stagnation in service. The object, sphere and scope of giving revised pay scales is entirely different vis-à-vis the financial upgradation granted under ACPS. The benefits under Revised/Re-revised pay scales vis-à-vis the benefits accruable under the ACPS operate in distinct field(s), so as to attain different objectives. The object, sphere and scope of giving revised pay scales is entirely different vis-à-vis the financial upgradation granted under ACPS. The benefits under Revised/Re-revised pay scales vis-à-vis the benefits accruable under the ACPS operate in distinct field(s), so as to attain different objectives. Merely because the petitioner has been granted benefit of re-revised pay scale with higher grade pay in terms of the HPCS [Revised Pay] Rules 2012 w.e.f. 01.10.2012 cannot be the basis to deny the higher grade pay due on completion of 32 years of service as Language Teacher w.e.f. 01.10.2012, for the reason, that firstly, the object of giving the revised scales is distinct and independent of the benefits accruable under ACP Scheme; and secondly, the benefits accruable under ACP Scheme cannot be whittled down or restricted, curtailed or denied by administrative action-orders; and thirdly, upon completion of 32 years of service as Language Teacher on 10.09.2012, a right had accrued/vested in the petitioner to get increments due on completion of 32 year of service in terms of Old ACPS dated 15.12.1998 payable w.e.f. 01.10.2012; and fourthly, accrued/ vested right for proficiency increment due on completion of 32 year service on 30.09.2012 under Old ACPs dated 15.12.1998 payable w.e.f. 1.10.2001 cannot be negated by communication- decision dated 26.02.2012; and fifthly, once there is no provisions either in the Old ACP Scheme dated 15.12.1998 or in the New ACP Scheme dated 09.08.2012 that an enhancement in basic pay due to revision of pay scale be construed as a bar for grant of increments under ACPs, and therefore, the decision dated 26.02.2013 treating benefit of higher grade pay [Rs 4400 to 5000] as financial enhancement/upgradation is without any foundational basis and the same cannot be permitted to operate which shall amount to introducing new conditions altogether; and sixthly, the communication dated 26.02.2013 amounts to restricting the applicability, scope and operation of the Old ACP Scheme dated 15.12.1998 and New ACPS dated 09.08.2012 cannot sustain; and seventhly, even decision dated 26.02.2013 tends to defeat the object of the ACP Schemes cannot be made the basis for depriving or denying the financial incentive due and payable after having rendered 32 years of service on the same post and in same cadre; and eighthly, communication dated 26.02.2013 being an executive order cannot operate retrospectively so as to curtail or take away or deny the benefits due w.e.f. 1.10.2012; and ninthly, even the decision dated 26.02.2013 is dehors the established ethos contained in circulars dated 14.08.1989, 6.4.1990 and 1.12.1999 which explicits that “an enhancement in basic pay, due to the annual increments or revision of pay shall not be construed as a financial enhancement for granting as to curtail or take away or deny the benefits due w.e.f. 1.10.2012; and ninthly, even the decision dated 26.02.2013 is dehors the established ethos contained in circulars dated 14.08.1989, 6.4.1990 and 1.12.1999 which explicits that “an enhancement in basic pay, due to the annual increments or revision of pay shall not be construed as a financial enhancement for granting the ACPS benefits”, has been altogether ignored; and tenthly, the communication dated 26.02.2013 also amounts to carving out a class within one homogenous class of incumbents-employees, who had been stagnating for last 32 years on the same post/cadre/service without any reasonable classification and exclusion of the petitioner has no rationale with the object sought to be achieved, being violative of Articles 14 & 16 Constitution of India and lastly, once the twin benefits i.e. one under the Revised Pay Rules dated 24.09.2012 and another under the ACPs falls on the same day [01.10.2012, as in this case], then also, as per Clause 2(b) (v) of ACP Scheme dated 15.12.1998, in first instance the benefit of the revised pay is to be given and thereafter the benefit under ACPs is to be given. The communication dated 26.02.2013 [as in Para 5 of Reply-Affidavit] has not been placed on record by the State Authorities and in absence of the same, the action of the Respondents-State Authorities in denying ACP benefit on completion of 32 years of service w.e.f. 1.10.2012 and that too without giving a prior notice, without giving a personal hearing has visited the petitioner with civil consequences, resulting in giving less pay during service and less retiral benefits also. 14. The rejection Order dated 11.12.2013 Annexure P-3 is untenable for the reason that:- 14(i). Once the petitioner completed 32 years of service as Language Teacher on 30.09.2012 and on completion of this service the petitioner became eligible and entitled for proficiency step-up increment under the Old ACPS w.e.f. 01.10.2012 then, such a benefit cannot be negated on the basis of decision dated 26.02.2013 [as reflected in Para 5 of the reply]. 14(ii). Once the petitioner completed 32 years of service as Language Teacher on 30.09.2012 and on completion of this service the petitioner became eligible and entitled for proficiency step-up increment under the Old ACPS w.e.f. 01.10.2012 then, such a benefit cannot be negated on the basis of decision dated 26.02.2013 [as reflected in Para 5 of the reply]. 14(ii). Upon completion of 32 years of regular service as Language Teacher on 30.09.2012 once the petitioner had acquired a legal and vested right for grant of Proficiency step up or the next higher grade pay w.e.f. 1.10.2012 under the Old ACPs notified on 15.12.1998 under Article 162 of the Constitution of India, then, the scope, applicability and the operation of the ACPS Policy dated 15.12.1998 [giving proficiency increment on completion of 32 years w.e.f. 01.10.2012] cannot be restricted or taken away by a mere executive order dated 26.02.2013. 14(iii). Petitioner joined service as Language Teacher on 01.10.1980 and he completed 32 years of service as Language Teacher on 30.09.2012. The Old ACPS issued on 15.12.1998 provides for granting proficiency increment on completion of 32 years of service [01.10.2012]. The Old ACP Scheme dated 15.12.1998 was replaced by the New ACPS Scheme on 09.08.2012 and same was optional. Since the petitioner had never opted for New ACPS therefore, in absence of any option therefore, the petitioner was to be governed for grant of benefits under Old ACPS on completion of 8, 16, 24 & 32 years of service. However, to the contrary, the petitioner had submitted an representation dated 18.11.2013 vide Annexure P-2 opting for benefits under Old ACPS on completion of 32 years of service w.e.f. 01.10.2012 and in these circumstances, the action of the Respondents- State Authorities in denying benefits under Old ACPS is uncalled for. 14(iv). Action of State Authorities in denying the incremental benefit under the Old ACPS due on completion of 32 years of service as a Language Teacher w.e.f. 01.10.2012 results in withholding, delaying or denying this benefit in an arbitrary, illegal manner and this inaction does not pass the test of judicial scrutiny, for the reason, that an increment due in the normal course can be withheld or denied, only in case, the work and conduct was not satisfactory or in an eventuality any departmental or criminal-judicial proceedings was pending against an employee. In the present case, there is nothing on record to show that the work and conduct of the petitioner during service was not satisfactory and neither any departmental nor any judicial-criminal proceedings were initiated or were pending against petitioner on the date, therefore, the proficiency increment became due on completion of 32 years service w.e.f. 01.10.2012 and therefore, the action of the State Authorities, in withholding or denying the proficiency increment due on completion of 32 years service as Language Teacher under the Old ACPS w.e.f. 01.10.2012 without giving a prior notice and without giving a personal hearing has visited the petitioner with civil consequences. Moreover, the denial or withholding of incremental benefit, sans any deficiency in work or conduct having been conveyed to him and in absence of any departmental or criminal proceedings is also punitive. In these circumstances, the State action and the Rejection Orders cannot stand the test of judicial scrutiny and therefore, the denial of incremental benefit by way of higher grade pay of Rs 5000 GP in the pay band of Rs 10300- 348000 is declared illegal and inoperative for all purposes. 14(v). Once the petitioner was granted higher Grade Pay, raising his Grade Pay from Rs 3800/- to Rs 4400/- w.e.f. 01.10.2012, in accordance with Himachal Pradesh Civil Services (Category-Post Wise Revised Pay) Rules dated 27.09.2012, then, such an enhancement in basic pay/grade pay, which had accrued due to revision of pay scales cannot operate as a bar or restriction for granting the benefit of proficiency increment due under the Old ACPS on completion of 32 years of service as Language Teacher w.e.f. 01.10.2012. Permitting such an interpretation to exist shall render the Old ACP Scheme dated 15.12.1998 nugatory and otiose. Permitting such an interpretation to exist shall render the Old ACP Scheme dated 15.12.1998 nugatory and otiose. Pertinently, once the Old ACPS give two financial upgradations in the higher scale after completion of 8 and 24 years of service and two proficiency step-ups on completion of 16 and 32 years of service rendered on the same post and in same cadre and in the instant case, once the benefit of Old ACPS on completion of 32 years of service became due w.e.f. 01.10.2012 then, the non-grant of benefit has resulted in civil consequences and also amounts to depriving him of incremental benefits, which is an integral ingredient of salary and deprivation of the said benefit amounts to depriving the petitioner of his salary under Article 300-A of the Constitution of India without authority of law. Moreover, accrued benefits can neither be restricted, curtailed nor taken away without giving a prior notice, without affording a personal hearing and without complying with minimum principles of natural justice and that too in an arbitrary manner and “without any authority of law” cannot sustain. Accordingly, rejection orders denying benefits cannot sustain and are set-aside. 14(vi). Even, a perusal of Himachal Pradesh Civil Services (Category-Post Wise Revised Pay) Rules, 2012 and the ACP Schemes {Old ACP Scheme dated 15.12.1998 and New ACP Scheme 09.08.2012} have to be construed harmoniously so as to avoid charge of hostile discrimination and to ensure that ACPs benefits which become payable on completion of 32 years of service as Language Teacher w.e.f. 1.10.2012 are released to the petitioner. Even, the decision-making process denying incremental benefit/higher grade pay of Rs 5000 GP w.e.f. 1.10.2012 by ignoring the rights and legal entitlements under the Old ACPS dated 15.12.1998 and communications dated 14.08.1989,06.04.1990 and 01.12.1999 cannot be negated. Thus, the Impugned Orders denying benefits has resulted in less pay during service and less retiral benefits, upon superannuation from 1.05.2014 onwards is a recurring loss since till day. 15. Thus, the Impugned Orders denying benefits has resulted in less pay during service and less retiral benefits, upon superannuation from 1.05.2014 onwards is a recurring loss since till day. 15. In reference to the question formulated as to whether proficiency step-up due under the Old ACP Scheme w.e.f. 1.10.2012 on completion of 32 years of service rendered on same post/cadre and in same service could be denied merely due to the grant of higher grade pay under the HPCS [Revised Pay] Rules 2012 w.e.f. 1.10.2012, and in facts of instant case, the answer is in the negative, upon completion of 32 years of service on the same post and in the same cadre on 30.09.2012, once a right had accrued to the petitioner to get the Proficiency Increment{i.e. by way of next higher Grade Pay} and this benefit became payable from 1.10.2012 then, the right acquired under the Old ACP Scheme dated 15.12.1998 can neither be negated nor can such a benefit be restricted, curtailed, taken away or denied without authority of law. The rights and legal entitlements which had accrued under Old ACP Scheme dated 15.12.1998 cannot modified by a mere communication issued on 26.02.2013. Even, communication dated 26.02.2013 {taken on record, as produced by Learned State Counsel which is not disputed by Learned Counsel for the petitioner has not been placed on record by the State}. The rights and legal entitlements which had accrued under Old ACP Scheme dated 15.12.1998 cannot modified by a mere communication issued on 26.02.2013. Even, communication dated 26.02.2013 {taken on record, as produced by Learned State Counsel which is not disputed by Learned Counsel for the petitioner has not been placed on record by the State}. Moreover, a perusal of communication-executive order dated 26.02.2013 states that for purposes of granting benefits under the Old ACP Scheme on completion of 8, 16, 24 & 32 years of service and/or under the New ACP Scheme on completion of 4, 9 & 14 years of regular service, the re-revision of pay structures shall be treated as financial enhancement, and by virtue of the HPCS (Category/Post wise Revised Pay) Rules 2012, in case the pay band and grade pay has increased, the qualifying period for granting benefit under the above ACP Schemes shall commence from the date of application of the above rules in considered view of this Court not tenable, for the reason, firstly, aforesaid communication dated 26.02.2013 is not applicable in the instant case ; and secondly, the communication dated 26.02.2013 prescribing new conditions altogether as referred to above cannot be invoked to the prejudice and disadvantage of the petitioner ; and thirdly, even communication dated 26.02.2013 cannot destroy the rights and legal entitlements which accrued in favour of the petitioner under the Old ACP Scheme w.e.f. 1.10.2012 ; and fourthly, the communication dated 26.02.2013 destroys the foundational fabric and the established norms notified on 14.06.1989 and then again on 01.12.1999 prescribing that for the purposes of giving benefits under the Old ACP Scheme dated 15.12.1998 mandating that enhancement in basic pay on account of annual increment or due to fixation of pay in revised pay rules, shall not mean “enhancement in basic pay for the purposes of ACP benefits” and in these circumstances, the communication dated 26.02.2013 cannot take away the rights and legal entitlements which had accrued to the petitioner in terms of the Old ACP Scheme dated 15.12.1998 as well as Instructions dated 01.12.1999 with the intent to give effect to the ACP Scheme. Besides this, even the applicability of the New ACP Scheme dated 9.8.2012 was optional and such scheme was to apply only in case of those employees, who specifically opt for the New ACP Scheme. Besides this, even the applicability of the New ACP Scheme dated 9.8.2012 was optional and such scheme was to apply only in case of those employees, who specifically opt for the New ACP Scheme. Once the petitioner had never opted for the New ACP Scheme therefore, his right for the proficiency increment/higher grade pay on completion of 32 years of service w.e.f. 01.10.2012 under the Old ACP Scheme could not be denied. Moreover, in case twin benefits both benefits became due w.e.f. 1.10.2012 i.e. one benefit by grant of higher grade pay raising basic pay {higher grade pay [pay of Rs. 3800 to Rs. 4400] stood granted w.e.f. 01.10.2012 under the HPCS (Category /Post wise Revised Pay) Rules 2012 and another benefit by grant of proficiency increments {so as to raise his grade pay from Rs 4400 GP to Rs 5000 GP on completion of 32 years of service under the Old ACP Scheme dated 15.12.1998 as well as the Instructions dated 01.12.1999 then, in such an eventuality, the Old ACPS and the Revised Pay Rules are to be harmoniously construed so as to save either of them to become redundant or nugatory. Even foreseeing such a situation even Clause 2 (b) (v) of the Old ACP Scheme provides that in case twin benefits accrue to an employee on same day either due to revision of pay scale vis-à-vis application of the ACP Scheme, then, in such an eventuality, the pay has to be fixed in the revised pay and thereafter the benefit under the Old ACP Scheme has to accrue and these material aspects have been altogether ignored vitiating the decision making process, leading to the passing of the rejection orders and therefore, the rejection order cannot be permitted to operate. Notwithstanding the above, for in order to ensure grant of twin benefits flowing from the HPCS Revised Pay Rules 2012 vis-à-vis the Old ACP Scheme dated 15.12.1998, which remained in force even after issuance of New ACP Scheme dated 09.08.2012 2012, the State Authorities were bound to act like a model employer, so as to seek an option from the petitioner, as to whether he was willing to seek both benefits together or wanted to defer either of the twin benefits falling on the same day so to enable the employee-petitioner of his legal right to reap the fruits of unblemished service rendered with the respondents. Further the communication dated 26.02.2013 cannot be permitted to have precedence over the Old ACP Scheme dated 15.12.1998. The introduction of the Old ACP Scheme, was a “safety net for the government employees facing stagnation and lack of promotional avenues and the rights and legal entitlements for financial benefits which accrue under the Revised Pay Rules of 2012 and the Old ACP Scheme dated 15.12.1998 which became due w.e.f. 1.10.2012 could not be denied arbitrarily merely on the basis of communication dated 26.02.2013 which was inapplicable on facts as well as law, in instant case. In these circumstances, the rejection orders being illegal, arbitrary and contrary to the Old ACP Scheme is quashed and set-aside. CONLUSION & DIRECTIONS: 16. In view of above discussion and for the reasons recorded hereinabove, the present petition is allowed, in the following terms: (i). Impugned rejection Order dated 11.12.2013[Annexure P-3], is quashed and set-aside; (ii). Respondents are directed to grant the higher grade pay of Rs 5000 in pay band of Rs 10300-34800, to the petitioner on completion of 32 years of service as a Language Teacher w.e.f. 01.10.2012 with all consequential benefits; (iii). As a sequel to the direction no (i), the Respondents are directed to refix the pay and to release benefits of revised pay for the service period and benefit of same for all retiral benefits with all consequential benefits; (iv). Action in terms of this judgment be made within six weeks from the date of receipt of certified/downloaded copy of this judgment, failing which State Authorities-Respondents shall be liable for interest at the rate of 6% per annum thereafter; (v). Parties to bear respective costs. In aforesaid terms, the instant petition and all pending miscellaneous application(s), if any, shall stand disposed of.