HEALTH DIVISION NO. 1, SHIMLA-171009, HIMACHAL PRADESH Vs. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY IPH, TO THE GOVERNMENT OF HIMACHAL PRADESH, ENGINEER-IN-CHIEF IRRIGATION

JUDGEMENT

(1.) THE petitioner approaches this Court praying for an appropriate writ or direction to the respondents to create further promotional avenues for the post presently held by the petitioner which is store ledger clerk. The alternate prayer is that this post which is isolated be merged in the cadre of clerks, which will provide further promotional avenues to the petitioner. The fact that the petitioner is working as store ledger clerk stands established on record and is not disputed. It is also not disputed that there is no promotional avenue(s) for the petitioner who is working against an isolated post. The stand adopted by the State is that the Assured Career Progression Scheme notified vide notification dated PR - 7/51/98 dated 15.12.98, provides avenues of higher scales of pay after putting in service for a fixed number of years. The higher scales have been provided which would adequately take care for all monetary benefits to be paid to the petitioner herein without providing any promotional avenues.

(2.) LEARNED counsel appearing for the petitioner has drawn my attention to Annexure P -13 which are the instructions issued on 31st August, 2009 withdrawing/superseding the Scheme. Annexure P -13 reads as under: ...Sir/Madam, On the subject cited above, I am directed to say that under the pre -revised pay scales, the Assured Career Progression Scheme was applicable to various categories of the State Government employees circulated vide letters No. (i) Fin. (PR)B(7) -51/98 dated 15.12.1998, (ii) Fin -(PR)B(7) -1/98 -II dated 23.6.2000 and (iii) Fin (PR)B(7) -51/98 -I dated 4th August, 2001. The ACPS dt. 15.12.98 was applicable to all the employees of the State Government, the ACPS dt. 23.6.2000 was applicable to the officers of H.P. Administrative Services, H.P. Police Services, H.P. Health Services Class -I (Generalist), H.P. Health Services Class -I (Dental), Animal Husbandry Veterinary Class -I Services, Assistant Engineer, Assistant Architect, Assistant Town Planner, Additional Superintendent of Police/Deputy Superintendent of Police (Wireless), and the 4.8.2001 ACPS was applicable to Junior Engineers. Similarly, under the pre -revised pay scales, three tier pay scales were allowed to the Assistant Automobile Engineer vide Notification No. Fin -(PR)B(7) -1/98 dated 1.9.1998, H.P. Agricultural Services (Class -I), Sub Divisional Soil Conservation Officers/Division Engineer Soil Conservation vide Notification No. Fin. (PR)B(7) - 1/98 -III dated 18.5.2002, H.P. Horticulture Services (Class -I) vide Notification No. Fin. (PR) B(7) -1/98 -IV dated 8.2.2005, Assistant Director of Factories vide Notification No. Fin (PR)B(7) -1/98 dated 19.7.2000 and H.P. Forest Services. Some categories of employees were allowed two tier pay scales whether proportionately or after completion of prescribed years of services, such as Clerks, Investigators, Staff Nurses, Technicians (Junior Technicians), Executive Engineers, Architect, Senior Hydrologist, District Town Planner, Town and Country Planner and Deputy Director in H&FW Department.

(3.) THE above referred Assured Career Progression Schemes, three/two tier pay structure whether after completion of prescribed years of services or proportionately, were applicable under the pre - revised pay scale, whereas no such scheme has so far been formulated/notified under the revised pay structure. Therefore, it has been decided that the cases of the officers/officials of the State Government due for grant of benefits under the ACPS or the cases of officials/officers who were eligible for placement in the next higher pay scale in the three/two tier pay scales under the pre - revised pay scales, may not be considered after 26.8.2009, till further orders.