IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 7153 of 2008. Decided on: October 27, 2010. Hardial …..Petitioner. Versus State of H.P. & ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner: None. For the Respondents: Mr. Ankush Dass Sood, Addl. A.G. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The Writ Petition is filed with the following prayers: “i) To direct the respondents to make fixation of pay and allowances in respect of the applicant; ii) The respondents be also directed to sanction and release the benefits of 8/18 years of service i.e.; Proficiency Increments; iii) To allow the benefit to the applicant under the Assured Career Progression Scheme in accordance with Notification at Annexure ‘PC’; iv) To direct the respondents to release the arrears flowing out of sanction of Proficiency Increments and the benefit under Assured Career Progression Scheme and interest thereon; v) To direct the respondents to allow the benefits under Demobilised Armed Forces Personnel (reservation of Vacancies in Himachal State Non- Technical Services) Rules, 1972 while considering his seniority and other benefits; vi) The applicant be considered for promotion from the date persons junior to him were promoted as Platoon Commander by giving relaxation in educational qualification, as in the case of the applicant’s senior promoted as per seniority list as on 1.8.1995 by not counting the past service of Military of the applicant;” 2 2. In reply at paragraph 3, it is stated as follows: “Para:- 3. In reply to this para it is submitted that Proficiency increment on completion of 8 years of service prior to the revision of pay scales w.e.f. 1.1.96 has already been granted in favour of the applicant w.e.f. 26.6.89 vide this Department order No. HOM(HC)H(B)(7)-1/89 dated 21.11.89 copy appendix as annexure-R-1. As regards the grant of prop. Increment on completion of 16 years of service under the provision of assured carier progression scheme made applicable to the employees of HP Govt. w.e.f. 1.1.96 which was due to the applicant w.e.f. 26.6.97, the matter was considered in the meeting of Departmental Promotion Committee held on 23.9.99, but the same could not be granted due to adverse remarks in the ACR for the period from 1994-95 and the same will be re-considered in due course.” 3. In case the petitioner has still any surviving grievance left with regard to the factual and legal position, as above, it will be open to him to pursue the same before the first respondent, in which case, the first respondent will consider the matter and appropriate action, with notice to the petitioner, will be taken within another four months. 3. The writ petition is accordingly disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. October 27, 2010. ( Justice Kuldip Singh ), (karan/vs) Judge.