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2018 Supreme(Del) 1940

C.HARI SHANKAR
Hargovind Sharma – Appellant
Versus
N. C. Jindal Public School – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ravi Dev Sharma, Adv.
For the Respondent: Mr. Saurabh Chauhan and Mr.Varun Jain, Advs., Ms. Latika Choudhary, Adv.

JUDGMENT :

1. The petitioner was employed by the Respondent No.1- School (hereinafter referred to as “the School”) in 1973, as Laboratory Assistant, and confirmed in 1975.

2. On 9th August, 1989, the Assured Career Progression Scheme (hereinafter referred to as “ACP Scheme”) was introduced by the Government, whereunder, employees, who were stagnating without promotion, were allowed two financial up-gradations within 24 years of their appointment, the first to be given at the end of the 12 years and second after 24 years.

3. Vide order dated 2nd June, 2006, the said Scheme was extended, first, to employees of National Capital Territory of Delhi and, thereafter, to employees of unaided public educational institutions, vide order dated 2nd June, 2006, w.e.f. 1999. It is stated that this was in compliance with order passed by the Central Administrative Tribunal, in O.A. 1507/2003 on 4th June, 2005, which was upheld by this Court vide judgment dated 3rd October, 2005.

4. Vide office order dated 4th January, 2008, the petitioner was upgraded, by the School, from the scale of Rs. 4000-100-6000 to Rs. 4500-125-7000. The petitioner, however, contends that this up-gradation was given effect form




















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