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2005 Supreme(Del) 446

REKHA SHARMA, MUKUNDAKAM SHARMA
UNION OF INDIA – Appellant
Versus
KESHO RAM – Respondent


Advocates Appeared:
Deepak Verma, R.V.SINHA

DR. MUKUNDAKAM SHARMA, J.

( 1 ) THIS writ petition is directed against the impugned judgment and order dated 15th October, 2001 which is passed by the learned Central Administrative tribunal whereby the learned Tribunal has held that the subsequent office order issued by the appellant herein could only supplement the Assured Career Promotion scheme (In short, ACP Scheme) but could not supplant the same. Being aggrieved by the aforesaid observations and the findings recorded by the Tribunal, the present petition is filed on which we have heard the learned counsel appearing for the parties.

( 2 ) THE Assured Career Scheme (for short the `acp ) was introduced by the appellant pursuant to which the respondent herein would receive certain benefits. Subsequently, however, the appellant issued an administrative circular stating inter alia that the contents thereof are by way of clarification to the provisions of the scheme. It was also stated while issuing the said clarificatory memorandum that it is the provisions of the memorandum which would prevail. Therefore, the intention in issuing the aforesaid clarificatory circular was not for supplementing the Scheme, but supplant the provision









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