JUDGMENT : Jyotsna Rewal Dua, J. 1. Petitioner retired on attaining the age of superannuation on 31.01.2018. Three years later, he instituted this petition as he now feels aggrieved against respondents denying him benefit of additional increment after completion of 32 years of service (in the year 2014). 2 . Heard learned counsel for the parties and considered the case file: (i) State of Himachal Pradesh introduced an Assured Career Progression Scheme on 15.12.1998, commonly called as Old ACP Scheme (8-16-24-32 years). As per Old ACP Scheme, after completion of 8 years of service on a post or in the same cadre, an employee who is not promoted to the next higher level on account of non-availability of a vacancy at such higher level or non-existence of a promotional level in the cadre, was to be granted the pay scale which is next higher in the hierarchy of pay scales. Further, a proficiency step-up was to be granted to such an employee after 16 years of service and the second proficiency step-up after 24 years of service, if the employee still continues on the same post. In case an employee continues to serve the same post even after 32 years of service, he was to be placed in the next higher pay scale in the hierarchy of pay scales. Relevant portion from the Old ACP Scheme reads as under:- “2. The salient features of this Scheme are as under :- i. (a) After a service of 8 years in a post or posts in the same 'Cadre' (hereinafter referred as the same post) an employee, who is not promoted to the next higher level on account of non-availability of a vacancy at such higher level or non-existence of a promotional level in the 'Cadre', shall be granted the pay scale which is next higher in the hierarchy of pay scales given in Column No.3 of the 'First Schedule' annexed to Rules, 1998. If on 01-01-1996 or the date opted under Rule 6 of Rules,1998, an employee becomes entitled to a higher pay scale on account of protection under the said rules, he shall be granted such higher pay scale. If on 01-01-1996 or the date opted under Rule 6 of Rules,1998, an employee becomes entitled to a higher pay scale on account of protection under the said rules, he shall be granted such higher pay scale. (b) On the grant of higher pay scale as in sub para (a)above, the pay of the employee shall be fixed at the next higher stage in the master scale and he shall be allowed next increment from the date he would have earned his next increment had he continued in the lower pay scale. If the minimum of the higher scale is higher than the stage arrived at, his pay shall be fixed at such minimum and next increment shall be allowed after qualifying service of 12 months. ii. A proficiency Step-up shall be granted to such an employee after 16 years of service and a Second Proficiency Step-up shall be granted after 24 years of service if the employee still continues in the same post. Service rendered by an employee in the lower and higher pay scale granted as per (a) above shall be reckoned as service in the same post for this purpose. iii. In case an employee continues to serve in the same post even after 32 years of service, he shall be placed in the next higher pay scale in the hierarchy of pay scales as indicated in Column 3 of the 'First Schedule' annexed to the Rules, 1998 and his pay shall be fixed as mentioned in sub para i.(b) above. iv.xx xx xx v. xx xx xx vi. If an employee is promoted to the next higher promotional post in the regular way at any time before one of the benefits under this scheme becomes due, the grant of such benefit shall stand postponed accordingly and shall be granted after completion of service of 8 years in such promotional post. If the promotion of an employee to higher post occurs after having got placement in higher scale or the proficiency step-up/ steps-up under this scheme, the benefit of only one increment instead of two increments normally admissible on promotion shall be given in fixing his pay in the scale of pay of the promotional post. vii. An employee shall be entitled to a maximum of two placements in higher scale and a maximum of two proficiency steps-up in his entire service career under this scheme. vii. An employee shall be entitled to a maximum of two placements in higher scale and a maximum of two proficiency steps-up in his entire service career under this scheme. ” (ii) Petitioner joined the services of respondent- Corporation in the year 1982 as a Conductor. He was promoted to the post of Inspector in 2015. He was granted the benefits under aforesaid Old ACP Scheme on completion of 8, 16 and 24 years of service. Petitioner retired from service on 31.01.2018. (iii) On 09.08.2012, the respondents introduced New Career Progression Scheme (hereinafter referred to as ‘New ACP Scheme’) on completion of 4, 9 & 14 years of service. This Scheme was brought into force w.e.f. 27.08.2009. The New ACP Scheme was optional. An existing employee had the option either to continue in the Old ACP Scheme or to opt for New ACP Scheme. The employee, who did not exercise any option within the stipulated period under the New ACP Scheme, was to be deemed to have opted for continuance in the Old ACP Scheme. Under the New ACP Scheme, after service of 4, 9 and 14 years in a post or posts without any financial enhancement in the same cadre, a Government employee, who is not promoted to a higher level on account of non- availability of a vacancy or non-existence of promotional avenue in the cadre, was to be granted the grade pay, which is next higher in the hierarchy of grade pays. On placement in the next higher grade pay in the hierarchy of grade pays after service of 4, 9 and 14 years, the pay of an employee was to be fixed at the next higher stage in the pay band and he was to be allowed next increment from the date he would have earned his next increment had he continued in the existing pay band. An employee, who opts to continue under the Old ACP Scheme or who did not exercise any option for coming over to New ACP Scheme and had completed 24 years of service in the cadre and had already availed benefit of one placement in the higher pay scale in the hierarchy of pay scales and two proficiency step-ups under ACP Scheme after 8,18/16 and 24 years of service, was to be allowed only two placements in the next higher grade pays in the hierarchy of grade pays without any benefit of increment, for the reason that he had already availed benefit of three increments, i.e. one on placement and two proficiency step-ups under the existing scheme. The laid-out system as per Old ACP Scheme was to undergo change to the extent indicated in the New ACP Scheme. Relevant portion from the New ACP Scheme is as under:- “2. This scheme is optional. An existing employee “including employee having less than four years’ service” will have the option either to continue in the existing Assured Career Progression Scheme after a service of 8, 16, 24 & 32 years or to opt 4, 9 & 14 years Assured Career Progression Scheme. An employee who wants to opt this new scheme will have to exercise an option within two months from the date of issue of this letter along with an undertaking in the enclosed proforma through a sworn affidavit that he wants to accept this scheme effective from 27.08.2009 and will not claim any arrears. Consequently, on restoration of earlier Assured Career Progression Scheme (8-16-24-32), in new pay structure w.e.f. 27.08.2009 an employee may also exercise his option for the aforesaid scheme. However, an employee who does not exercise any option within the above stipulated period of two months shall be deemed to have opted for continuance in the earlier (8-16-24-32) Assured Career Progression Scheme with effect from 27.08.2009. Service in a cadre rendered by an employee in the same post before 27.08.2009 shall count for the purpose of grant of benefit under this scheme. Service in a cadre rendered by an employee in the same post before 27.08.2009 shall count for the purpose of grant of benefit under this scheme. 3.......(a) After a service of 4, 9 and 14 years in a post or posts without any financial enhancement in the same cadre (herein after referred to as the same post) and service rendered in the same post in different Government Departments, who is not promoted to a higher level on account of non-availability of a vacancy or non-existence of a promotional avenue in the cadre, shall be granted the grade pay, which is next, higher in the hierarchy of grade pays given in the schedule annexed to Revised Pay Rules, 2009, upto the maximum grade pay of Rs.8300. On placement in the next higher grade pay in the hierarchy of grade pays after a service of 4, 9 and 14 years, the pay of an employee shall be fixed at the next higher stage in the pay band and he shall be allowed next increment from the date he would have earned his next increment had he continued in the existing pay band. If the minimum of higher pay band is higher than the stage arrived at, his pay shall be fixed at such minimum -and next increment shall be allowed after qualifying service of 12 months in higher pay band. xx xx xx (g) An employee who has completed 24 years of service in a cadre and has already availed benefit of one placement in the higher pay scale in the hierarchy of pay scales and two Proficiency Step-ups under ACP scheme after 8,18/16 and 24 years of service, he shall only be allowed two placements in the next higher grade pays in the hierarchy of grade pays without any benefit of increment as he has already availed benefit of three increments i.e. one on placement and two Proficiency step ups under the existing schemes. xx xx xx 4......(a) An employee shall be entitled to a maximum of three placements in the next higher grade pays in the hierarchy of grade pays with benefit of one increment each at every placement under this scheme. xx xx xx 4......(a) An employee shall be entitled to a maximum of three placements in the next higher grade pays in the hierarchy of grade pays with benefit of one increment each at every placement under this scheme. An employee who opts for this scheme but has already availed benefit of two placements in the higher scales in the hierarchy of pay scales after 8 years and 32 years and two proficiency step ups after 16 and 24 years of service in a cadre under the existing Assured Career Progression scheme of 8, 16, 24, 32 years of service will have to lose benefit of one increment granted after 32 years of service and his pay will be refixed with w.e.f 27.08.2009 accordingly. xx xx xx (f) As a necessary corollary to this decision the existing system of Assured Career Progression Scheme shall undergo a change to the extent indicated above. Other existing conditions governing the grant of Proficiency step-up/ACP scheme already notified shall continue to be applicable mutatis mutandis in a accordance with the above orders. The cases of ACP/proficiency step-up, which felt due prior to 27.08.2009, shall be settled according to the then prevalent instructions.” The New ACP Scheme provided that an employee shall be entitled to maximum of three placements in the next higher grade pays in the hierarchy of grade pays with benefit of one increment each at every placement under the Scheme. (iv) The New ACP Scheme was further clarified by the respondents on 07.07.2014. Relevant to context is para 5 which reads as under:- “5. Moreover, the overriding objective of an assured career progression scheme is to ensure at least three financial upgradations/enhancements/promotions to a regular employee in his entire service career. Therefore, in partial modification of earlier orders on ACP schemes it is directed that, once an employee has already got three enhancements/financial up-gradations i.e. grant of progression under the new or old ACPS, or promotion or any other financial enhancement except the annual increment or the general pay revision based on the pay commission, in fourteen years or more of his/her entire service; thereafter, he will not be entitled for placement in next higher grade pay in the ACPS scheme introduced vide FD's instructions dated 9th August, 2012. However, it is clarified that after availing three enhancements/up- gradation/promotion, an employee will be eligible to take the benefit of normal promotions available in his service career.” Clarification dated 07.07.2014 states that once an employee has already got three enhancements/financial upgradations, i.e. grant of progression under the New or Old ACP Schemes, or promotion or any other financial enhancement except the annual increment or the general pay revision based on the pay commission, he will not be entitled for placement in next higher grade pay in the ACP Scheme. This is in view of the avowed object of the ACP Scheme to ensure three financial upgradations/ enhancements to an employee in his entire service career. The above position was reiterated by the State in office communication/circular dated 09.09.2014 as under:- “In continuation of this Department’s letter of even number dated: 7 July, 2014, on the subject cited above, I am directed to say that the objective of the Assured Career Progression Scheme issued by the State Government is to ensure three financial upgradations/enhancements to a regular employee In his entire service career. The Finance Department's instructions ibid only supplemented the position already given in Assured Career Progressions instructions dated: 15.12.1998 & 09.08.2012, as far as the three upgradations in the entire service career are concerned. It is further clarified that Finance Department's instructions dated: 07.07.2014 were made applicable with immediate effect with the objective that all the cases pending on that day or arising after that has to be examined, in the light of instructions ibid.” 3 . In the instant case, admittedly the petitioner who had opted to continue under the Old ACP Scheme, had already availed three enhancements/financial benefits on completion of 8, 16 & 24 years of service. It is not in dispute that petitioner had drawn benefit of Senior Scale from 01.01.1996 and grade pay of Rs.2400/- from 01.01.2006 onwards besides getting benefit of three proficiencies on completion of 8, 16 & 24 years of service, respectively, as also the Senior Scale. Therefore, he was not entitled to fourth benefit on completion of 32 years of service. 4 . In view of the above, the benefit as claimed by the petitioner cannot be granted to him. The petition fails and is accordingly dismissed. Pending miscellaneous application(s), if any, to also stand disposed of.