Case Note & Summary
The petitioner, Himmatlal Prabhashankar Trivedi, joined service in 1963 and retired in 2000. He filed a writ petition under Article 226 of the Constitution of India seeking quashing of the impugned order/communication dated 12/01/2016 and a direction to grant him benefits of second higher pay scale and pay grade of Forester with deemed date from 11/11/1991, the date his juniors were promoted. The petitioner argued that he was entitled to the second higher pay scale under the Assured Career Progression (ACP) Scheme. The respondents opposed the petition. The court, after hearing both sides, found that the impugned order was unsustainable and quashed it. The court directed the respondents to reconsider the petitioner's case for grant of second higher pay scale and pay grade of Forester with deemed date from 11/11/1991 and to pay arrears with interest at 6% per annum within 12 weeks from the date of receipt of the order. The petition was allowed accordingly.
Headnote
A) Service Law - Assured Career Progression (ACP) Scheme - Second Higher Pay Scale - The petitioner, who joined service in 1963 and retired in 2000, sought the second higher pay scale and pay grade of Forester with effect from 11/11/1991, the date his juniors were promoted. The court quashed the impugned order dated 12/01/2016 and directed the respondents to reconsider the petitioner's case for grant of second higher pay scale and pay grade of Forester with deemed date from 11/11/1991, and to pay arrears with interest within 12 weeks. (Paras 1-8)
Issue of Consideration
Whether the petitioner, who served from 1963 to 2000, is entitled to the second higher pay scale and pay grade of Forester under the ACP Scheme, and whether the impugned order dated 12/01/2016 denying such benefits is sustainable.
Final Decision
The petition is allowed. The impugned order/communication dated 12/01/2016 is quashed and set aside. The respondents are directed to reconsider the petitioner's case for grant of second higher pay scale and pay grade of Forester with deemed date from 11/11/1991 and to pay arrears with interest at 6% per annum within 12 weeks from the date of receipt of the order.
Law Points
- Assured Career Progression (ACP) Scheme
- Second Higher Pay Scale
- Forester Pay Grade
- Denial of Benefits
- Quashing of Order
- Direction to Reconsider
