Govt Employees Cannot Claim Assured Career Progression By Clubbing Service In Two Different Posts If Pay Scale Is Different: HP High Court

The Himachal Pradesh High Court has held that an employee cannot claim the benefit of the Assured Career Progression Scheme by clubbing service in two distinct posts under different cadres when pay scale of the cadres is not in the same range.

Justice Satyen Vaidya said: “The plain reading of aforesaid clarification reveals that though an employee having served different cadres can be held entitled for the benefit of ACP Scheme provided the pay scale in both the cadres was same/identical. Since, in the case of petitioner, her pay scale as Steno-typist in the parent department and as Clerk in the borrowing department was different, the petitioner cannot derive any benefit from aforesaid clarification”.

The petitioner, Savita Guleria, was initially appointed as a Steno-typist in the Department of Town & Country Planning, Himachal Pradesh. On her request, she was deputed to the Himachal Pradesh Subordinate Services Selection Board as a Clerk on 1 November 1999 and was permanently absorbed there from 21 September 2002.

After completion of 8 years, she claimed benefit of the Assured Career Progression Scheme with all consequential benefits along with benefit of seniority. She contended that her service as a Steno-typist should be counted with her service as a Clerk for calculating 8 years of continuous service under the Scheme.

The Court observed that the two posts held by the petitioner as Steno-typist and Clerk were not in the same cadre and did they have identical pay scales.

Therefore, the Court held that since the two categories had different pay scale, the petitioner could not claim benefit of ACP scheme, holding that the benefit of the scheme could not be claimed across different cadres with distinct pay scales and duties merely on the basis of combined service.

Case Name: Savita Guleria v/s H.P. Subordinate Services Selection Board & another

Case No.: CWPOA No.3119 of 2019

Date of Decision: 23.07.2025

For the Petitioner: Ms. Vaishali Lakhanpal and Mr. Parv Sharma, Advocates.

For the Respondents: Ms. Archana Dutt, Advocate, for respondent No.1. Mr.Gautam Sood, Deputy Advocate General, for respondent No.2.

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