UNION OF INDIA Vs. MANJU ARORA

JUDGEMENT

(1.) Heard Ms. Meera Patel, learned counsel appearing for the appellants in both the matters. The respondents in Civil Appeal Nos. 7027-7028 of 2009 are represented by Mr. Rajiv Manglik, learned counsel. In Civil Appeal Nos. 7150-7151 of 2009, the respective respondents are represented by learned counsel Mr. Piyush Sharma and Mr. A.P. Dhamija.

(2.) The respondents herein are claiming the benefit of Assured Career Progression Scheme (for short "ACP Scheme ") for the Central Government civilian employees under the O.M. dated 9.8.1999 issued by the Ministry of Personnel, Public Grievances and Pensions, Government of India. The ACP Scheme provided for financial upgradation to the next higher grade of pay for those employees who could not get promotion after 12 years of service. Second upgradation is similarly admissible after 24 years of service.

(3.) Suman Lata Bhatia and Manju Arora who were appointed as Senior Translator (Hindi), were offered promotion to the higher post of Translation Officer (Hindi) on regular basis. But due to personal grounds, they refused the offered promotions. However, the benefits under the ACP Scheme were given to the respondents on 15.11.1999 but when it was found that those were wrongly granted, the same were withdrawn by orders dated 4.9.2002 and 10.10.2002 for Suman Lata Bhatia and Manju Arora respectively. The withdrawal order adverted to the clarificatory O.M. dated 18.7.2001 which disentitled financial upgradation under the ACP Scheme to those who had refused vacancies based promotion. It is specifically reflected in the said order that the employee (respondent herein) having refused promotion on multiple occasions, cannot be said to be stagnating as she, of her own volition has opted to remain in the grade of Senior Translator (Hindi). Accordingly, taking note of the response to the show cause notice and rejecting the same, the ACP benefit was withdrawn and the respondent was reverted back to her earlier pay scale. Similar steps were taken for the other employee as well.