KAMINI VADHERA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THE appellant herein was appointed to the post of Lower Division Clerk (LDC) in the year 1979. THEreafter she was appointed as Stenographer in the pay-scale of Rs. 330-560 on ad-hoc basis with effect from 11.01.1982 and on regular basis with effect from 01.03.1983. THE dispute now relates to the up-gradation to the next higher level under the Assured Career Progression (ACP) Scheme. THE said Scheme was introduced by the Department of Personnel and Training with effect from 09.08.1999 and as per this Scheme, financial upgradations are granted to Group B, C and D employees on completion of 12 and 24 years of regular service if they do not get promotion to the next post in the normal course. To put it otherwise, as per the ACP Scheme, financial upgradations are granted to those employees who are stagnating on their existing post.

(2.) THE appellant was granted first financial upgradation with effect from 09.08.1999 and according to the appellant, she on 01.03.2007 became entitled to second financial upgradation, on completion of 24 years of regular service with effect from 01.03.1983. Though on the representation of the appellant, initial orders were passed to this effect but thereafter the same were kept in abeyance after reconsideration of the matter, when according to the respondent, it was found that the appellant was not entitled to second financial up-gradation with effect from 01.03.2007.

(3.) WHEN this appeal came up for hearing on 30.01.2012, the learned counsel for the appellant had argued that since the appellant went through the Limited Departmental Competitive Examination (LDCE), as per clarification issued vide Office Memorandum dated 10.02.2000 by the Department of Personnel and Training, it would not be treated as promotion. He specifically referred to para 8 of the said Office Memorandum which reads as under: