PRADEEP NANDRAJOG, J.

1. Motivation is the tonic for an employee. Promotion in the cadre motivates an employee to work hard so that he achieves the prescribed benchmark to earn a promotion. A motivated hardworking employee is an asset to an organization and the employer gains in productivity, if the employee works hard and constantly moves in the direction of achieving higher and better results.

2. There are various court decisions, which we need not catalogue, impressing upon employers to provide career prospects opportunities to employees by so structuring the human resource cadre that if not more, at least two career advancement opportunities are available to an employee.

3. In its recommendations made to the Central Government by the 5th Central Pay Commission it was proposed that if due to non-availability of a promotional post an employee does not earn a promotion within 12 years of joining service the employee should be placed either in the next above pay scale or in the pay scale of the promotion post and if after serving for 24 years the employee does not earn a second promotion he should be placed in the next above pay scale or in the pay scale of the promotion post. The Central Government accepted the recommendation and issued an office memorandum on August 09, 1999, relevant part whereof reads as under:-

“August 09, 1999

Office Memorandum

Subject: The assured career Progression Scheme for the Central Government Civilian Employees.

The fifth Central Pay Commission in its Report has made certain recommendations relating to the Assured Career Progression (ACP) Scheme for the Central Government civilian employees in all Ministries/Departments. The ACP Scheme needs to be viewed as a Safety Net to deal with the problem of genuine stagnation and hardship faced by the employees due to lack of adequate promotional avenues. Accordingly, after careful consideration it has been decided by the Government to introduce the ACP Scheme recommended by the Fifth Central Pay Commission with certain modifications as indicated here under:-

5.1 Two financial Up-gradation under the ACP Scheme in the entire Government service career of an employee shall be counted against regular promotions (including in-situ promotion and fast-track promotion availed through limited departmental competitive examination) availed from the grade in which an employee was appointed as a direct recruit. This shall mean that two financial Up-gradations under the ACP Scheme shall be available only if no regular promotions during the prescribed periods (12 and 24 years) have been availed by an employee. If an employee has already got one regular promotion he shall qualify for the second financial Up-gradation only on completion of 24 years of regular service under the ACP Scheme. In case two prior promotions on regular basis have already been received by an employee no benefit under the ACP Scheme shall accrue to him.

4. The Rajya Sabha, of which the appellant is an employee of, likewise gave career advancement opportunity to the employees of the Rajya Sabha and issued an office memorandum on October 05, 2001, relevant part whereof reads as under:-

“Dated – the 5 October, 2001

Recruitment and Conditions of Service Order

Subject: Assured Career Progression/Financial Up-gradation (ACP/FU) Scheme

In pursuance of the recommendations contained in para 3.3 of Chapter III of the Second Report (2001) of the Parliamentary Pay Committee the Chairman, Rajya Sabha, after consultation with the Ministry of Finance, has been pleased to direct that Assured Career Progression/Financial Up-gradation (ACP/FU) Scheme, as indicated below, may be implemented in the Secretariat:-

(i) The ACP/FU Scheme shall come into force with effect from 09.08.1999. The ACP/FU Scheme envisage merely placement in the higher pay scale/grant of financial benefits (through financial Up-gradation) only to the employees concerned on personal basis and shall, therefore, neither amount to functional/regul