Fresh Direct Appointment Confers No Promotional Increment Or Past-Service Benefits Absent Statutory Entitlement: HP High Court
The Himachal Pradesh High Court has held that past service rendered on a lower post cannot be counted towards service on a higher post for claiming service benefits unless the applicable Recruitment and Promotion Rules expressly permit such counting.
The Court made the observation while dismissing a plea by a former Dai seeking to club her service as Dai with her subsequent service as an Auxiliary Nurse Midwife (ANM) for claiming Proficiency Step-Up benefits under the Assured Career Progression Scheme.
Justice Ranjan Sharma remarked that: “The service rendered on post of Dai cannot be counted towards the service rendered on post of an Auxiliary Nurse Midwife unless the Recruitment and Promotion Rules for post of an Auxiliary Nurse Midwife expressly provided for counting post-service for service benefits and the petitioner has failed to make out a case under the Statutory Rules.”
Background:
Leela Devi was appointed as a regular Dai/Midwife in the Himachal Pradesh Health Department on November 7, 1986. While serving in the post, she obtained permission and study leave to undergo Auxiliary Nurse Midwife (ANM) training. After completing the course, she rejoined as a Dai.
In 2000, she applied for the post of ANM pursuant to a fresh direct recruitment process and was selected and appointed as an ANM on July 19, 2000, joining on July 25, 2000. She later sought an increment under FR-22(1)(a)(i) and requested that her earlier service as Dai be counted with her ANM service for Proficiency Step-Up/ACP benefits. The Department rejected her claims, leading her to approach the Court.
The High Court held that Leela Devi's appointment as ANM in 2000 was through fresh direct recruitment, and there was no provision in the Recruitment and Promotion Rules for treating it as an automatic promotion. She was therefore not entitled to the increment under FR-22(1)(a)(i).
The Court also held that her earlier service as Dai could not be clubbed with her ANM service for Proficiency Step-Up benefits, as the ACP Scheme permitted counting service in the same post or cadre and contained no provision for combining the two posts.
The Court further noted that she had accepted the fresh appointment without protest and approached the Court after nearly 18 years, making the claim barred by delay and laches.
Accordingly, the petition was dismissed and the rejection of her claims was upheld.
Case Name: Leela Devi v/s State of HP & Ors.
Case No.: CWPOA No.1224 of 2020
Date of Decision: 01.09.2026