From what point are the three financial upgradations under the Modified Assured Career Progression Scheme counted?
Coram: Justice S.M.Subramaniam · Justice N.Senthilkumar · Justice N. Senthilkumar
From the direct entry grade. Clause (1) provides three financial upgradations under the Scheme, counted from the direct entry grade on completion of 10, 20 and 30 years of service respectively, and a financial upgradation is admissible whenever a person has spent 10 years continuously in the same grade pay. The period of service is therefore reckoned from the employee's entry grade.
Modified Assured Career Progression Scheme — Clause (1) — Clause (5) — Financial upgradation — Pay anomalies — Prospective operation — Modified Assured Career Progression Scheme — Clause (1) — Upgradation on 10, 20 and 30 years from the entry grade — Held: The Scheme provides three financial upgradations counted from the direct entry grade on completion of 10, 20 and 30 years, and an upgradation is admissible whenever an employee has spent ten years continuously in the same grade pay. (¶11, ¶13) Modified Assured Career Progression Scheme — Clause (5) — Confined to pay anomalies — Held further: Clause (5), which ignores earlier promotions to grades now carrying the same grade pay, addresses anomalies arising from merger of scales or upgradation of posts; it does not apply where upgradations fall due under Clause (1). (¶15, ¶16, ¶17) Modified Assured Career Progression Scheme — Prospective operation — No benefit before the Scheme existed — Held further: A scheme operates prospectively from the date it came into force, and no benefit can be claimed for years in which it did not exist; the third upgradation runs ten years from the accepted date of the second. Petitions allowed. (¶24, ¶26, ¶27)
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