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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, G.Arul Murugan
Pondicherry University Rep by Deputy Registrar – Appellant
Versus
Sheela Das – Respondent
| Table of Content |
|---|
| 1. the implementation of the dacp scheme must account for prior service. (Para 1 , 2 , 3 , 4 , 10) |
| 2. the understanding of prospective application must clarify prior service inclusion. (Para 12 , 13 , 22) |
| 3. error in promotion date must be rectified; promotion effective from earlier date. (Para 21 , 26 , 32) |
JUDGMENT :
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.
No.21/14/97-PC(H)/CHS-V
Ministry of Health & Family Welfare
Nirman Bhawan, New Delhi
To
Of the Central Health Service
.....
The DACP Scheme's prospective application allows consideration of prior service for promotion benefits, correcting the promotion date based on actual service.
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 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 ....
UCP Scheme mandates strict maintenance of inter-se seniority as on 01.01.2007; retrospective upgradation of junior cannot supersede senior without stepping up latter's pay/scale to rectify anomaly.
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