The implementation of Assured Career Progression Scheme (ACPS) and Modified Assured Career Progression Scheme (MACPS) to address stagnation and hardship due to lack of promotional avenues can influence the court's decision regarding the creation of promotional opportunities for employees.

Ajit Singh, J.

By this petition, the petitioners have prayed for a direction against the respondents to make adequate promotional avenues for them by amending Assam Rifles (Medical Staff) Recruitment Rules, 2001 (in short “Rules, 2001”).

2. The petitioners were appointed on different dates as Auxiliary Nurse Midwife (in short “ANM”) in the Assam Rifles. They are presently working in various Battalions of the Assam Rifles. Also their average length of service as ANM is about 18-19 years. The requisite educational qualification for the post of ANM is Midwifery certificate from government recognized Institution. The post of ANM is isolated having no avenue for promotion. Some of the petitioners represented for their promotion to the post of Staff Nurse, but it did not yield any positive result, because none of them possess Diploma in Nursing, which is a mandatory qualification for that post. Aggrieved, the petitioners pray for a direction against the respondents to create avenue for their promotion to the post of Staff Nurse or any other posts by suitably amending the Rules.

3. The respondents in their reply have admitted that the post of ANM is an isolated post having no avenue for promotion. The Respondents have also admitted that the representation of some of the petitioners for promotion to the post of Staff Nurse has been rejected because they do not possess mandatory qualification of Diploma in Nursing. The Respondents have however prayed for the dismissal of petition on the ground that petitioners have been given the benefits of financial up-gradation under Assured Career Progression Scheme (ACPS) and Modified Assured Career Progression Scheme (MACPS) introduced by the Government. According to the respondents, the financial benefits available to the petitioners under ACPS/MACPS are as under:-     

4. The sole question which requires our consideration is whether in the fact situation of the case any direction can be issued against the respondents to make promotional avenues for the petitioners by amending the Rules.

5. The Supreme Court in Council of Scientific and Industrial Research v. K.G.S. Bhatt, (1989) 4 SCC 635 had held as under:-

“It is often said and indeed, adroitly, an organization public or private does not ‘hire a hand’ but engages or employs a whole man. The person is recruited by an organization not just for a job, but for a whole career. One must, therefore, be given an opportunity to advance. This is the oldest and most important feature of the free enterprise system. The opportunity for advancement is a requirement for progress of any organization. It is an incentive for personnel development as well. (See Principles of Personnel Management, Flipo, Edwin B., 4th Edn., p. 246.) Every management must provide realistic opportunities for promising employees to move upward. ‘The organization that fails to develop a satisfactory procedure for promotion is bound to pay a severe penalty in terms of administrative costs, misallocation of personnel, low morale, and ineffectual performance, among both non-managerial employees and their supervisors.’ (See Personnel Management, Dr Udai Pareek, p. 277.) There cannot be any modern management much less any career planning, manpower development, management development etc. which is not related to a system of promotions.”

6. In yet an another case O.Z. Hussain (Dr) v. Union of India, 1990 Supp SCC 688, the Supreme Court in no uncertain terms h