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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI, ALOK MAHRA
Udal Singh Sanger – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. writ challenges post-retirement acp benefit cancellation. (Para 1 , 2) |
| 2. acp benefit is vested right requiring hearing. (Para 3) |
| 3. erroneous acp to retiree rectifiable without notice. (Para 4 , 5) |
| 4. acp inapplicable to employees retired pre-implementation. (Para 6 , 7 , 8) |
| 5. no hearing needed for mistake rectification; vains inapplicable. (Para 9) |
| 6. writ petition dismissed without costs. (Para 10 , 11 , 12) |
JUDGMENT :
1. By means of the present writ petition under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of certiorari for quashing the judgment and order dated 12.12.2019 passed by the learned Public Services Tribunal, Uttarakhand, in Claim Petition No. 49/DB/2019 ( Udal Singh Sangar v. State of Uttarakhand and another ), as well as the consequential order dated 06.02.2019, whereby the benefit of third Assured Career Progression (ACP) earlier granted to the petitioner was cancelled. A further prayer has been made to allow the claim petition in toto.
2. Brief facts of the case, as per record, are that the petitioner was initially appointed as Junior Engineer on 26.10.1972 and was subsequently promoted to the post o
ACP benefit erroneously granted to employee retired before scheme's applicability date (01.09.2008 for relevant grade) can be cancelled without hearing as mistake rectification; no vested right arise....
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....
Timely filing is critical for entitlement to career progression benefits; existing promotions invalidate further claims.
Financial benefits under the ACP Scheme must be given from the date the government employee becomes entitled, irrespective of any vacancy occurring in the past. Allegations of misconduct must be supp....
The Assured Career Progression Scheme limits financial enhancements to three in an employee's career, which the petitioner had already received, thus denying further increments.
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