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.

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 promotion to various cadres was stipulated in details. The operative portion as relevant to this order is as below:

No. 21/14/97-PC(H)/CHS-V

Government of India

Ministry of Health & Family Welfare

(Department of Health)

Nirman Bhawan, New Delhi

Dated the 5th April, 2002.

To

All Participating Units

Of the Central Health Service

Subject: Recommendation of 5th Central Pay Commission regarding Dynamic Assured Career Progression (DACP) Scheme for officers of the Central Health Service Implementation thereof.

..........

2. (i) In the General Duty Medical Officer (GDMO) sub cadre, Medical Officer (Rs. 8000-13500) will be promoted to Senior Medical Officer (Rs. 10000-15200) on completion of 4 (four) years of regular service. Senior Medical Officer with 5 (five) years of regular service as Senior Medical Officer will be promoted to the post of Chief Medical Officer (Rs. 12000-16500) and after completion of 4 (four) years in Chief Medical Officer grade, officer will be promoted to the post of Chief Medical Officer (Non Functional Selection Grade) (Rs. 14300-18300). Thus on completion of 13 years of regular service in the GDMO sub cadre of CHS, Officer of GDMO sub cadre will be promoted to Chief Medical Officer (Non Functional Selection Grade) (Rs. 14300-18300).

.................

3. The scheme was implemented and by communication dated 30.07.2004, the University promoted the petitioner to the post of Senior Medical Officer, with effect from 11.03.1996 when she has completed four years regular service as a Medical Officer. The promotion was subject to ratification by the Executive Council of the University and approval by the University Grants Commission (UGC)/R2 in the Writ Petition). The commensurate service benefits were also intimated under the same communication.

4. There was some doubt that lingered in the minds of the University in the manner of implementation of the DACP Scheme, particularly in regard to the stipulation that it was prospective as clause (4) thereof, stipulated that ‘the scheme of Dynamic Assured Career Progression shall take effect prospectively from the date of issue of orders’.

5. On a specific query raised by the University, UGC had replied, vide communication bearing No. F30-9/99(CU) dated 20.01.2003 merely reiterating the Scheme itself. Under communication dated Nil March 2005, UGC clarified that the DACP Scheme for Medical Officers can be implemented with effect from 05.04.2002 as it came into force from that date only.

6. Based on these clarifications, the promotion granted to the petitioner vide communication dated 30.07.2004 was modified by way of order dated 19.08.2005, where the University confirmed that the promotion of the petitioner was with effect from 05.04.2002 only and not 11.03.1996 as conveyed earlier.

7. The said modification came to be chal