IMPORTANT POINTS
(1) Promotion shall be governed as per the promotion scheme only.
(2) Promotion – Merely because an employee is given a temporary charge to do a particular work of a particular post, it cannot be said that in fact he has been promoted to said post.

JUDGMENT

M. R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.02.2019 passed by the Division Bench of the High Court of Delhi in LPA No. 245 of 2018, by which the Division Bench of the High Court has allowed the said appeal preferred by the respondent herein and has quashed and set aside the judgment and order dated 02.04.2018 passed by the learned Single Judge of the High Court and consequently has directed the appellant herein to grant the respondent herein­original appellant the pay scale and designation of a Section Officer with effect from 05.03.1993 and the pay scale and designation of an Executive Officer with effect from 05.03.2002 under the Time­Bound Promotion Scheme (hereinafter referred to as the TBPS) on notional basis since the respondent had already superannuated, the original respondent­ Institute of Chartered Accountants of India (for short “ICAI”) has preferred the present appeal. By the impugned judgment and order, the Division Bench of the High Court has also directed the appellant to pay the arrears of salary and emoluments to the respondent, as revised for the aforesaid scales from time to time.

2. The facts leading to the present appeal in nutshell are as follows:

That the respondent herein was appointed as an ‘Electrician’ on terms and conditions mentioned in the order of appointment/letter dated 26.02.1974. That, by the office memorandum dated 01.05.1976, the respondent was confirmed in the permanent post of ‘Electrician’ with effect from 16.04.1976. That the respondent was also released the increments from time to time. That a settlement dated 10.01.1984 was reached between the appellant­Institute and its Employees’ Association with respect to time bound promotions/change to the next grade. The said settlement was to take effect from 01.01.1984. According to the appellant, the said TBPS was applicable to only two categories of employees, namely, Peons/Chowkidars/Sweepers (Class IV) and LDC to Executive Officers Grade (Class III). In the said settlement, under Clause 1(v) it was further provided that the decision in respect of cases not falling under the two broad categories referred to hereinabove, e.g. Jamadar, Drivers, Gestetner Operators, Electricians, Electrical Foreman and Library Attendant will be taken up by the President. It appears that thereafter and in light of Clause 1(v) of the memorandum of settlement dated 10.01.1984, a decision was taken by the President of the appellant Institute on 25.02.1984, by which it was provided that Jamadar, Drivers, Gestetner Operators, Electricians etc., as mentioned in Clause 1(v) of the memorandum of settlement dated 10.01.1984 shall only be entitled to get the next grade. That thereafter, vide office memorandum dated 13.03.1984, the respondent was informed that his basic pay was fixed at Rs.370/­ with effect from 01.01.1984. He was further informed with respect to the next increment. According to the appellant, as per the settlement dated 10.01.1984 and the subsequent decision of the President dated 25.02.1984, the respondent was given the benefit of enhancement in the salary in the next grade. That thereafter vide office memorandum dated 08.07.1986, the appellant informed the respondent that on his completion of 12 years of service on 04.03.1986, his pay scale has been revised from 330­10­180­EB­12­500­EB­15­560 to the higher scale of 425­15­500­EB­15­560­20­700­EB­25­800 with effect from 05.03.1986 and that his basic pay has been fixed at Rs.425/­ in that grade. He was also informed with respect to the next increment to fall due on 05.03.1987. It appears that thereafter upon acceptance of the recommendations of the Fourth Pay Commission and in accordance with the option exercised by the respondent, the pay scale of the respondent was revised to Rs.1200­ 30­1560­EB­40­2040 with retrospective effect from 01.01.1986 and that his pay in that grade was fixed at Rs.1320/­. It appears that thereafter in the year 1987­88,