- The Hon’ble SC in the case titled Union of India vs. Manju Arora has held that any Central Government employee who has refused the offer of promotion will not be entitled to the financial upgradation under the O.M. dated 9/8/1999.
- An Assured Career Progression Scheme was launched under the O.M. dated 9/8/1999 by the Ministry of Personnel, Public Grievances and Pensions, Government of India. The benefit of this scheme was given to employees who could not get promotion after 12 years of service. It provided financial upgradation to the next higher grade of pay to such employees.
- In the instant case, two employees named Suman Lata Bhatia and Manju Arora, who were originally appointed to the post of Senior Translator (Hindi) were offered a promotion to the post of translation Officer (Hindi). Citing personal reasons they refused the promotion. However, the benefits of the ACP Scheme were given to them which were later withdrawn on finding that they were given wrongly.
- Aggrieved by the same, they filed an appeal before the Central Administrative Tribunal, Principal Bench. The Tribunal found that they were not entitled to the same and thus, rejected it. The HC, on the other hand, found that they were entitled to the benefit of the ACP Scheme, and were rightly given the benefit of the first upgradation.
- This order was challenged before the Supreme Court. The Court observed that the aforementioned scheme was a safety net which dealt with the problem of genuine stagnation and hardship which was faced by the employees due to lack of adequate promotional avenues.
- The Court further held that the benefit of the ACP Scheme would be available only to those employees who could not avail the regular promotion. The Court further observed that it was not the case of lack of promotional opportunity, but the employee choosing not to opt for the same due to her own personal reasons. The Court also observed that it was this particular crucial fact which was not paid attention to by the HC.
- The Apex Court also observed that it is this rejection of promotion by the employees that gives rise to administrative difficulties and also difficulties in manning higher positions.
- Thus, finding merit in the contentions raised by the appellants, the appeal was allowed and it was declared that the employees refusing regular promotional opportunity would not be entitled to the benefit of financial upgradation under the ACP Scheme.
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
