Back
DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Tarlok Masih – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. background on petitioner's claim (Para 1) |
| 2. claim regarding 1st financial upgradation (Para 2) |
| 3. eligibility for 2nd financial upgradation criteria (Para 5 , 6) |
| 4. respondents' counter regarding medical fitness (Para 8) |
| 5. medical examination and hypertension status (Para 10 , 12) |
| 6. ineligibility for pre-promotional course and consequences (Para 13 , 14) |
| 7. dismissal of petition for not being maintainable (Para 15) |
| 8. final dismissal of writ petition (Para 16) |
JUDGMENT
Saurabh Banerjee, J. The petitioner is the widow of one Mr. Tarlok Masih1 , who, after joining the Sashastra Seema Bal2 [Special Service Bureau as it then was] on 19.01.1976, completed more than 25 years of service, before taking voluntary retirement as Naik/GD w.e.f. from 01.05.2001. After the death of her husband on 19.08.2011, the petitioner came to know in the year 2017 about introduction of the Assured Career Progression3 Scheme of 09.08.1999 from a batchmate of her late husband. As per her, as her late husband had already completed more than 25 years of service before taking voluntary retirement and was eligible for the grant of financial upgradation under the said ACP scheme, she made a represe
Claim for financial upgradation under the Assured Career Progression Scheme is contingent upon meeting medical and service eligibility criteria, which must be substantiated for entitlement.
Entitlement to financial upgradation under the ACP Scheme is contingent upon compliance with mandatory requisites, including medical fitness and completion of promotional courses.
The central legal point established in the judgment is the interpretation of Annex.A14 OM dated 04.10.2012 and its applicability to the case, emphasizing the requirement of benchmark criteria for fin....
The court affirmed applicants' entitlement to financial upgradation under the Assured Career Progression Scheme, emphasizing eligibility due to completion of service years despite the introduction of....
Retrospective MACP cannot negate crystallized ACP benefits; employees entitled to more advantageous scheme.
Grant 2nd financial up-gradation under Assured Career Progression (ACP) Scheme - Rejection under - Applicants therein were not given employment in relaxation of educational qualification for the base....
Retrospective application of the MACP Scheme does not infringe upon the vested rights of employees under the ACP Scheme, as eligibility does not equate to entitlement.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
