2025:HHC:30286 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2937 of 2025 Reserved on: September 1, 2025 Decided on: September 5, 2025 ______________________________________________________________ Prem Thakur ... Petitioner Versus State of HP and another …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the petitioner Mr. Karan Singh Parmar and Ms. Rashmi Parmar, Advocates. For the respondents Mr. Anoop Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________________________ Sandeep Sharma, J Petitioner was appointed as a Peon on 5.7.1986 in the pay scale of Rs.770-1410 in the Department of Economics and Statistics. He was promoted as Clerk on 31.12.1988 in the pay scale of Rs.950-1800, after rendering two and a half years of service. He was placed in the post of Junior Assistant in the pay scale of Rs.1200-2130 with effect from 31.12.1993. Vide office order dated 9.10.2007 (Annexure R-I), pay scale of Junior Assistant was revised to Rs.4400-7000 with effect from 1.1.1996, pursuant to Finance (Pay Revision) Department, Himachal Pradesh Notification dated 31.5.2001. As per Notification No. Fin(C)B(7)6/88-II dated 23.7.1990 (Annexure R-III) and clarification issued on 3.1.1991 (Annexure R-IV), scale of Rs.1200-2100 is 2025:HHC:30286 - 2 - admissible to forty percent of total number of posts of Clerks, after a minimum period of five years service as Clerk and they were to be designated as Senior Clerk. Pay scale of Rs.1500-2640/- was admissible to forty percent of total number of Clerks after a minimum of ten years of service together as Clerk and Senior Clerk. 2. Vide Notification dated 31.5.2001, cadre of Clerks was bifurcated into Clerks, including Senior Clerks and Junior Assistants in a cadre existing as on 1.1.1996. Clerks were entitled to pay scale of Rs.3120-5160 (with initial start of Rs.3220/-) and Junior Assistant to pay scale of Rs.4400-7000/-, in the ratio of 50:50. Petitioner was placed in the pay scale of Rs.4400-7000/- with effect from 1.1.1996. 3. In the meanwhile, vide letter dated 15.12.1998 (Annexure R-V), Government framed Assured Career Progressions Scheme (in short, ‘ACPS’) applicable with effect from 1.1.1996. The scheme remained in effect till 27.8.2009. The salient features of ACPS introduced in 1998 are as under: 1. After 8 years in a post in same cadre, next higher pay scale shall be granted 2. After 16 and 24 years, proficiency step up shall be granted 3. After 32 years, incumbent shall be placed in next higher pay scale. 4. Vide letter dated 9.8.2012, new Assured Career Progressions Scheme (in short, ‘New ACPS’) was introduced, with benefits accruing on completion of 4, 9 and 14 years of service (applicable from 27.8.2009). Para 3(a) of the Scheme reads as under: 2025:HHC:30286 - 3 - 2. “3(a) After a service of 4,9 and 14 years in a post or posts without any financial enhancement in the same cadre (herein after referred to as the same post) and service rendered in the same post in different Government Departments, who is not promoted to a higher level on account of non availability of a vacancy or non existence of a promotional avenue in the cadre shall be granted the grade pay, which is next, higher in the hierarchy of grade pays given in the schedule annexed to Revised Pay Rules, 2009, upto the maximum grade pay of Rs.8900. On placement in the next higher grade pay in the hierarchy of grade pays 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.” 5. As per clause 4.(a), it is provided as under: “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 Progressions 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.” 6. Now, coming back to the case of the petitioner, he is claiming benefit of pay scale of Rs.1500-2700 corresponding to Rs.5000-8100, as per Schedule given to the Himachal Pradesh Civil Services (Revised Pay) Rules 1998, which were applicable with effect from 1.1.1986. The petitioner who was promoted as clerk on 31.12.1988, was placed as Junior Assistant with effect 2025:HHC:30286 - 4 - from 31.12.1993, on completion of five years in the pay scale of Rs.1200- 2130, since he had completed five years of service, whereas, for getting scale of 1500-2700 (corresponding to pay scale of Rs.500-8100 as per , ten years service in the cadre of Clerks/Senior Clerks was required, as such, no fault can be found with the action of the respondents in fixing his pay scale as Rs.1200-2130. 7. Coming to another point raised by the petitioner regarding grant of benefit of ACPS. Record reveals that the petitioner has been granted following benefits as per reply given to the petitioner vide letter dated 1.2.2023 (available at page-67-68): i) Promotion as Clerk 02.01.1989 ii) Placement as Jr. Asstt. 31.12.1993 iii) ACPS as Jr. Asstt.(1st) 31.12.2001 iv) ACPS as Jr. Asstt. (2nd) 27.08.2009 v) ACPS as Jr. Asstt. (3rd) 27.08.2009 vi) Promotion as Sr. Asstt. 10.05.2010 vii) Revised Grade Pay 01.10.2012 8. It is also mentioned in the above communication as under: “The pay of Smt. Rama Gupta and Smt. Madhu is not permissible to compare under the provisions of FR 22 as both were appointed as Clerk in the calendar year 1988 through direct recruitment from HP, Public Service Commission. It is clear from your service record that you were appointed as Peon on 05.07.1986 and promoted as Clerk w.e.f. 02.01.1989 as per your joining report. The mode of recruitment and calendar year ar entirely different and in no case step up is permissible under FR 22. Besides the above the cadre of Sr. Assistant and Statistical Assistant are separate after promotion. ” 2025:HHC:30286 - 5 - 9. Thus, in view of above, the petitioner has received three financial upgradations on account of grant of ACPS benefits and in total 06, including promotions/placements right from the post of Peon to that of Senior Assistant. Record reveals that neither any benefit has been denied to the petitioner under ACPS nor his pay has been wrongly fixed. The claim of the petitioner that he was granted step up of Rs.50/- at the time of fixation of his pay after coming into force of Himachal Pradesh Civil Services (Revised Pay) Rules 2009 (with effect from 1.1.2006) by the respondents is misconceived since said step up was granted to the petitioner to bring his pay at par with his juniors, who were fixed in the pay of Rs.14590/- whereas, petitioner was fixed at Rs.14540/- and said step up has not caused any loss to the petitioner in the matter of grant of benefits under ACPS, since he has been provided financial upgradations in 2001 and 27.8.2009 (two upgradations). 10. Since the petitioner has been shown to be promoted/placed as Junior Assistant with effect from 31.12.1993, he has been rightly granted first benefit under old ACPS in 2001, whereafter, he was placed in next higher scale and thereafter, under old ACPS, his second upgradation was due in December 2009, but before that old ACPS was abolished and after 27.8.2009, new ACPS was introduced, for which the petitioner has given option. As per said scheme, all the benefits were to be given from 27.8.2009. As per new ACPS, benefit received under old ACPS were to be merged with new one. Petitioner was granted two benefits under new ACPS in 2009. Therefore, the plea of the petitioner that by arbitrarily granting step up of Rs.50/- at the time of fixation of 2025:HHC:30286 - 6 - his pay with effect from 1.1.2006, his benefit under ACPS has been snatched is wrong. Otherwise also, under new ACPS, maximum three upgradations are allowed and petitioner has received them. 11. In view of the detailed discussion made herein above, I find no merit in the petition and the same is accordingly dismissed. All pending applications stand disposed of. (Sandeep Sharma), Judge September 5, 2025 (shankar)