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Himachal Pradesh High Court · body

2016 DIGILAW 2617 (HP)

GYAN BANTI v. STATE OF HIMACHAL PRADESH

2016-12-08

PREM KUMAR, V.K.SHARMA

body2016
JUDGMENT : 1. Heard. 2. The original application (now transferred application) has been filed on the following substantive prayers vide para 7(i) to (v):- 7(i) "That the rejection orders dated 9.5.2001 vide Annexure A-3 and the pay fixation orders dated 24.7.2000 (A-4), may kindly be quashed and set-aside. (ii) That the Respondents may be directed to fix the applicant at Rs.5514/- or 5640/-, instead of 5160/- as on 1.1.1996 with ail consequential benefits, Including of arrears of pay fixation forthwith. (iii) That the Respondents may be directed to give interest @ 18% per annum on the arrears of pay fixation as in para 7(i) & (ii) supra forthwith. (iv) That the Respondents may be directed to release the annual increments to the ) applicant as on 1.1.1997, 1.1.1998 and 1.1.1999 and onwards in actual sense, instead of adjusting the personal pay as on 1.1.1997, 1.1.1998 and 1.1.1999 as increments and to release the arrears, along with interest at the same rate as above, forthwith. (v) That the Respondents may be directed to recalculate and to release the arrears of difference in salary, by calculating the "dearness allowance and other allowances, at the pay of Rs.5514/- as on 1.1.1996 instead of the salary including dearness allowance and other allowances given at the pay of Rs. 5160/- on 1.1.1996 as per ground(j) of the OA, forthwith." 3. The original applicant died during pendency of the proceedings and is represented I through LRs. 4. The original applicant had initially joined the employment of the State Horticulture Department as Mali in May, 1964. Soon thereafter he was promoted as Field Assistant in October, 1964. He earned another promotion as Laboratory Attendant on 13.11.1973. 5. On revision of pay scales w.e.f. 01.01.1986, the original applicant was granted pay scale of Rs.950- 1800/-. In the subsequent pay revision w.e.f. 01 01.1996, he was granted the pay scale of Rs.3 120-5160/-. However, since in the pre-re vised pay scale of Rs.950-1800/- he had already reached the maximum of the scale, i.e. Rs. 1800/-, in the revised pay scale, he was fixed at Rs.5514/-, vide letter dated 24th July, 2000, Annexure A/4. It being so, the difference between maximum stage in the revised pay scale, i.e. Rs 5160/- and the stage at which he was fixed, i.e. Rs.5514/-, which comes to Rs.354/-, was treated as personal pay to be absorbed in the next increment. 6. It being so, the difference between maximum stage in the revised pay scale, i.e. Rs 5160/- and the stage at which he was fixed, i.e. Rs.5514/-, which comes to Rs.354/-, was treated as personal pay to be absorbed in the next increment. 6. However, in the meanwhile, consequent upon introduction of Assured Career Progression Scheme (ACPS), vide letter dated 15.12.1998, Annexure A/2, the original applicant was granted next higher scale of Rs.3120-6200/-, vide office order dated 15.01.2000, Annexure A/3, w.e.f. 01.01.1996, but the difference of pay between what he was drawing prior to grant of benefit under ACPS, i.e. Rs.5640/-, and to which he was found entitled under the ACPS, i.e. Rs.6120/-, which comes to Rs.480/-, was again treated to be personal pay to be absorbed in future increments. 7. Being aggrieved, the original applicant submitted representation dated 09.08.2000, Annexure A/5, to respondent No.2, the Director Horticulture, Himachal Pradesh, followed by another representation dated 12.02.200 1, Annexure A/5, which were rejected vide the impugned letter dated 9th May, 2001, Annexure A/8. 8. It is how the original applicant through LRs is before this Tribunal. 9. At this stage, the learned counsel for the applicant has filed copy of communication dated 7th September, 2005 sent by the Additional Chief Secretary (Finance) to the Government of Himachal Pradesh to all the Administrative Secretaries to the Govt, of H.P, the Registrar General, H.P. High Court, Secretary, H.P Vidhan Sabha and all Heads of the Departments in Himachal Pradesh, captioned 'introduction of "Assured Career Progression Scheme" for the regular employees of the Government-Clarification thereof,' which is taken on record, text whereof is as under:- "No. Fm-(PR)B(7)-51/98 Government of Himachal Pradesh Finance (Pay Revision) Department From The Additional Chief Secretary (Finance) to the Government of Himachal Pradesh. To 1. All Administrative Secretaries to the Govt, of H.P 2. The Registrar General, H.P. High Court, Shimla 171001. 3. The Secretary, H.P. Vidhan Sabha, Shimla-171004. 4. All Heads of the Departments in Himachal Pradesh, Dated Shimla-171002, the 7th September, 2005. To 1. All Administrative Secretaries to the Govt, of H.P 2. The Registrar General, H.P. High Court, Shimla 171001. 3. The Secretary, H.P. Vidhan Sabha, Shimla-171004. 4. All Heads of the Departments in Himachal Pradesh, Dated Shimla-171002, the 7th September, 2005. Subject: Introduction of "Assured Career Progression Scheme" for the regular employees of the Government-Clarification thereof Sir/Madam, I am directed to say that as per provisions of (b) of first proviso below Rule-7 of the Himachal Pradesh Civil Services (Revised Pay) Rules, 1998 it has been provided that while fixing pay in the revised pay scale as per provisions of Rule-7, in case the amount so arrived at is higher than the maximum of the revised scale, the amount in excess of the maximum of the revised scale shall be treated as personal pay which shall be absorbed in future increments and shall be reckoned as pay for all purposes. 2. Simultaneously, the Assured Career Progression Scheme was introduced effective from 1.1.1996 vide this Department's letter No.Fin (PR) B(7) 51/98 dated 15.12.1998. Under the ACPS next higher pay scale is to be allowed on completion of 8/32 years of service in a post or posts in the same cadre to an employee who is not promoted to the next higher level due to non availability of vacancy at such higher level or non existence of promotional level. Para V and v(a) of this scheme provides that the pay of an employee who was in service before 01.01.1996 shall be first fixed in the admissible revised pay scale and thereafter In case an employee who has rendered 8 years but less than 16 years service in the same post and has availed benefit of one proficiency step-up under the existing instructions, shall be placed in the higher scale without benefit of any increment i.e. his pay will be fixed at the same stage in the master scale since he has received one progression increment and has received accumulated benefit at the time of pay fixation in the revised scale. He shall be treated to have been placed in the higher scale on the date he was given the proficiency step up. 3. This Department has received a number of references from various quarters seeking clarification as to how the personal pay is to be treated on placement in the next higher scale in the hierarchy of pay scales under the ACPS. 3. This Department has received a number of references from various quarters seeking clarification as to how the personal pay is to be treated on placement in the next higher scale in the hierarchy of pay scales under the ACPS. 4. The matter has been examined and it is clarified that the element of personal pay determined as a result of application of first proviso (b) below Rule-7 of the H.P. Civil Services (Revised Pay) Rules, 1998, shall be treated in the following manner, in case the benefit of ACPS after completion of 8/32 years of service has been allowed w.e.f. 1.1.1996 or any subsequent date in accordance with the provisions of para V (a) and (c) of ACP Scheme, notified vide letter dated 15.12.1998 referred to at para 2:- 1. The Personal Pay determined as per provisions of the Revised Pay Rules of 1998, is to be absorbed/adjusted upto the maximum in the placement scale and the pay is to be fixed at the appropriate stage in the placement scale. 2. In case, after absorbing the personal pay upto the maximum in the placement scale, any amount still remains unadjusted, the same shall be treated as personal pay to be absorbed against future increments. 3. In case, there is no appropriate stage and the amount of pay + personal pay arrives between two stages in the placement scale, the pay in such cases shall be fixed at the lower stage of the placement scale and the amount in excess thereof shall be treated as personal pay to be absorbed against future increments. The above instructions may be brought to the notice of all concerned. Yours faithfully, Sd/- (Priya Vrat Sharma) Deputy Secretary (FIN-PR) to the Government of Himachal Pradesh." 10. It is submitted that as per provisions of the Revised Pay Rules, 1998 (Annexure A/1), personal pay of Rs.480/- is to be absorbed/adjusted upto the maximum in the placement scale of Rs.3120-6200/- as on 0 1.01.1996 and the pay is to be fixed at the appropriate stage in the placement scale in terms of para 4 (1) and (2) of the aforesaid communication dated 7th September, 2005. 11. In this regard, the applicant has cited the case of one Sh. Sunil Kumar in para 2(i) of the rejoinder. 12. 11. In this regard, the applicant has cited the case of one Sh. Sunil Kumar in para 2(i) of the rejoinder. 12. In view of the above, the transferred application is allowed with a direction to the respondents/competent authority to consider and decide the case of the original applicant and re-fix his pay by absorbing/adjusting the personal pay of Rs. 480/- determined as per provisions of the Revised Pay Rules of 1998 upto the maximum in the placement scale of Rs.3120-6200/- as on 01.01.1996 and the pay be fixed at the appropriate stage in the placement scale in terms of para 4(1) and (2) of the aforesaid communication dated 7th September, 2005 and pay the consequential benefits, if any, to the applicants by 31st March, 2017. 13. Accordingly, the impugned letter dated 9th May, 2001, Annexure A/6, shall stand quashed. 14. The transferred application as also pending miscellaneous application(s), if (sic).