IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 11579 of 2008 Date of decision: 12.05.2011 ________________________________________________________________ Gian Chand & others. .....Petitioners. Versus The State of H.P. & others. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioners: Mr. Vikas Bhardwaj, Advocate. For the respondents: Mr. Anil Jaswal, Dy. AG. V.K. Sharma, J. (Oral). The petition has been filed on the following prayers vide para 7(i) and (ii): “7 (i) That the act of the respondent No. 1 in denying the benefits, on completion of 24 years and 32 years of service, to the applicants may kindly be declared illegal, arbitrary, unreasonable, discriminatory, unconstitutional and unsustainable in the eyes of law, and resultantly the letter/order Annexure A-6 issued on 27.7.2004 by the respondent No. 2 and letter dated 16.8.2004 (Annexure A-7) issued by the respondent No. 3 and order dated 20.9.2004 (Annexure A-8) issued by the respondent No. 5 in pursuance of the observation made by the respondent No. 1, may please be quashed. (ii) That the respondents may kindly be directed to continue to provide the benefits of two proficiency steps-up to the applicants with two placements in higher scale in the entire service career under Career Progression Scheme as is being provided to other regular employees of the respondent State by the respondents themselves under Assured Career Progression Scheme.” 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...2... 2. In reply, on behalf of the respondents, the following stand has been taken vide para 1 of preliminary submissions: “1. The present OA is being filed by five individuals employees in a representation capacity without forming association, which is not admissible under law, therefore, the present OA may kindly be dismissed in limine on this ground, alone. It is respectfully submitted that the State Govt. is following the Punjab Pattern of pay scale in respect of its employees since February, 1968. The pay scale of State Govt. employees have also been revised w.e.f. 1.1.1996 strictly on the Punjab Government pattern of pay scales. During the year 1996 pay revision, the state Govt. introduced proficiency step up scheme on Punjab pattern scale which has been substituted by the “Assured Career Progression Scheme”. During the year 1996 pay revision, effective from 1.1.96 and accordingly the state Govt. has introduced the “Assured Career Progression Scheme”. During the year 1996 pay revision, effective from 1.1.96 and accordingly the state Govt. has introduced the “Assured Career Progression” w.e.f. 1.1.1996 vide letter No. Fin (PR)B(7)-51/98 dated 15.12.1998 for its employees on the analogy of Punjab Govt. pattern. Since the proficiency step ups schemes substituted by “Assured Career Progression Schemes” is a part of pay revision as such the same has been implemented in respect of State Govt. employees on Punjab pattern with the stipulation that when 4/3 times pay scales have been granted to any category, these rules shall not apply. The Punjab Govt. introduced separate “Career Progression Schemes” for Junior Engineers w.e.f. 27.6.2000 in the department of Public works and irrigation-cum-Public Health where the pay scale of Rs. 5800-9200 has been allowed to them. This scheme was implemented in the state of H.P. vide letter No. Fin (PR) (B) (7) -51/98 dated 04.08.2001 strictly based on Punjab Pattern, to be effective w.e.f. 1.1.1996. Therefore though till the notification dated 4.8.2001, the Assured Career Progression Schemes was applicable to the Junior Engineers also. However before the benefits was to be granted to the applicants the Govt. of Punjab introduced a separate “Career Progression Schemes” to Junior Engineers which has also been implemented in H.P. vide above notification dated 4.8.2001 wherein the Junior Engineers have been ...3... given higher scale of Rs. 6400-10640 on the completion of 8 years and Rs. 7220-11320 with Gazetted Status Class-II on the completion of 16th years with the designation of Addl. Assistant Engineer. This scheme does not grant the proficiency step-up on the completion of 24 years and 32 years as the status of Junior Engineers stood changed to Add. Assistant Engineer. Therefore, the prayer of the applicants for the grant of proficiency step up as per notification dated 15.12.1998 is not applicable to the junior Engineers/Applicants in vide para 1(i) as separate scheme has been introduced to the Junior Engineers/Applicants vide notification dated 4.8.2001. Therefore the present OA is not maintainable.” 3. Some undisputed facts may be noticed first. A scheme known as “Assured Career Progression Scheme” was introduced by the State Government for its regular employees vide letter dated 15th December, 1998, Annexure A-1. The petitioners, who at the relevant time were working as Junior Engineers, were also covered under this scheme. Later on, vide letter dated 4th August, 2001, Annexure A-3, a separate scheme known as “Career Progression Scheme” was introduced for Junior Engineers. The petitioners were granted benefit of Career Progression Scheme, Annexure A-3, on completion of 8 and 16 years of service. To this extent there is no dispute between the parties. Thereafter, the petitioners were also granted benefit of Assured Career Progression Scheme on completion of 24 years of service which was later on withdrawn vide letter dated nil Annexure A-6 and Office Order dated 20.09.2004, Annexure A-8, on the ground that the petitioners being Junior Engineers were covered under Career Progression Scheme, Annexure A-3, and Assured Career Progression Scheme, Annexure A-1, did not apply to them. 4. On perusal of the stipulation contained under para 11 of ...4... the Career Progression Scheme, Annexure A-3, which is extracted below, it is manifest that as a result of introduction of Career Progression Scheme, Annexure A-3, Assured Career Progression Scheme, Annexure A-1, would not be applicable to Junior Engineers. However, the existing system would undergo a change to the extent indicated therein (Career Progression Scheme). Other conditions governing the grant of proficiency step up(s)/ACPS already notified shall continue to be applicable: “11. The decisions contained in these instructions will take effect from the date of issue of these instructions. As a result of these instructions, earlier instructions dated 15th December, 1998 bearing number dated Fin (PR)B(7)51/98, shall not be applicable on Junior Engineers. However, the existing system shall undergo a change to the extent indicated above. Other conditions governing the grant of proficiency step-up(s)/ACPS already notified shall continue to be applicable.” 5. In view of the above, it is apparent that Junior Engineers were entitled for benefit of Career Progression Scheme, Annexure A-3, at two stages, i.e., on completion of 8 and 16 years of service by way of grant of higher pay scales. Since there were only two stages visualized under Career Progression Scheme, Annexure A-3, it appears that a specific stipulation in the form of para 11 thereof, which stands already extracted hereinabove, was incorporated to govern grant of proficiency step up(s)/ACPS already notified vide Assured Career Progression Scheme, Annexure A-1. This aspect of the matter appears to have been overlooked by the respondents while issuing letter, Annexure A-6, and Office Order, Annexure A-8. 6. In view of the above, the petition is allowed and the ...5... impugned letter Annexure A-6 and Office Order, Annexure A-8, are quashed with a direction to the respondents/competent authority to reconsider the entire matter in the light of the aforesaid stipulation contained in para 11 of Career Progression Scheme dated 4th August, 2001, Annexure A-3, with regard to grant of proficiency step up in favour of the petitioners on completion of 24 years of service within three months from the date of production of copy of this judgment by the petitioners/their duly authorized representative. 7. The petition stands disposed of, so also pending CMP(s), if any. (V.K. Sharma) Judge 12th May, 2011 (virender)