PARVIND SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By medium of the extant writ petition, the petitioner is seeking the following substantive relief:

(2.) Tersely, the key facts, which are necessary for adjudication of the extant lis, are that on 09.08.2012 the petitioner was granted benefit of Assured Career Progression Scheme (hereinafter for the sake of brevity referred to as 'ACPS'), however, monetary benefits of the same was not released to him. As per the petitioner, the impugned action is arbitrary, illegal, malafide, violative of Constitution of India and natural justice.

(3.) The petitioner is a Health Worker and he joined as such on 08.03.1983 and on 26.12.2005 he was promoted as health Educator. On 09.08.2012 respondent No. 2 introduced ACPS on completion of 4/9/14 years of service in a cadre and restored old (8-16-24-32) ACPS for government employees. On 29.09.2012, the petitioner, in writing, gave his option for the aforestated 4-9-14 scheme, but, surprisingly, he did not receive any benefit thereunder. So ultimately, he filed a representation, but the same was rejected on the basis that he has already been granted benefits admissible to him. As per the petitioner, the respondent-department granted benefits of ACPS to one Shri Raj Kumar, Health Educator at CHC Baldwara, Mandi, H.P. Lastly, the petitioner prays that the extant petition be allowed and impugned order rejecting the representation of the petitioner be quashed and set-aside and the respondents be directed to re-fix his pay granting benefit of ACPS on completion of 4-9-14 from due dates and arrear thereof be paid to him alongwith interest @ 18% per annum with all consequential benefits.