Back
ANITA SUMANTH, G. ARUL MURUGAN
Pondicherry University – Appellant
Versus
Sheela Das – Respondent
JUDGMENT :
ANITA SUMANTH, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P. No. 1964 of 2007 dated 31.08.2021 as devoid of merits and un-sustainable in law.
1. The Writ Petitioner, Dr. Sheela Das (in short ‘Writ Petitioner’/’petitioner’) is a medical doctor and had joined the Pondicherry University (in short ‘appellant’/’University’) as a medical officer on 23.03.1992. There was no avenue available within the University itself for promotion or advancement in career at that relevant point in time. Hence, a scheme of Assured Career Progression Scheme (ACPS) had been floated providing for two escalations in designation with commensurate service benefits, one each after 12 years of service. As this was still found to be inadequate to address the issue of stagnation of employees in a particular post, recommendations had been made by the Vth Central Pay Commission for a better and more effective scheme.
2. Based on the recommendations, a Dynamic Assured Career Progression (DACP) Scheme had been formulated for officers of the Central Health Services (CHS). The recommendations were accepted, and vide communication dated 05.04.2002, CHS promoti
The Dynamic Assured Career Progression Scheme must consider prior service for promotion, and the promotion date should reflect actual service milestones rather than the scheme's effective date.
The DACP Scheme's prospective application allows consideration of prior service for promotion benefits, correcting the promotion date based on actual service.
The main legal principle established in the judgment is the importance of parity in promotions and the application of Rule 35 of the Rules of 1962 to allow for relaxation of rules in exceptional case....
(1) Promotion – Modified Assured Career Progression Scheme – Date of operation of new pay scales cannot be per se the same when operation of another scheme (which may also involve pay benefits) need ....
Promotion – An employee who has opted to remain in existing grade, by refusing offer of promotion, forfeits rights to ACP benefits and such employee, on account of refusal, can be considered for regu....
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
