JAGDISH RAI GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed for the grant of following substantive reliefs:

(2.) Petitioner has filed the petition on the premise that though he retired from the post of Assistant Engineer in the department of Irrigation and Public Health, Government of Himachal Pradesh, on 30/4/1994 after rendering more than 16 years 7 months service, he was entitled to post retiral financial benefits viz., the fixation of pay in revised pay scale of Rs.14300.00 18150 w.e.f. 1/1/1996 and revised pension on the basis of such revised scale. Petitioner also claimed the benefits of Assured Career Progression Scheme (ACPS) introduced by the Government of Himachal Pradesh after the date of his retirement.

(3.) As per the averments made in the petition, petitioner was appointed as Junior Engineer on 15/10/1958 in the then composite department of Himachal Pradesh Public Works Department (for short 'HPPWD') and Irrigation and Public Health Department (for short 'I&PH Department'). Petitioner retired as Assistant Engineer on 30/4/1994 from the I&PH Department as there was bifurcation of departments into HPPWD and I&PH w.e.f. 1/1/1994. Petitioner at the time of retirement was drawing pre-revised pay scale of Rs.3000.00 4500. According to petitioner, as per pay scales revised w.e.f. 1/1/1996, petitioner was entitled for pay scale of Rs.14300.00 18150, as was admissible to the Assistant Engineers having rendered 14 years of service.