BINDU SEHGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Respondents promulgated Scheme of Assured Career Progression (in short ACP Scheme) by office memorandum dated 9.8.1999 to alleviate the problem of genuine stagnation and hardship faced by the Central Government Civilian Employees in all Ministries/Departments due to lack of adequate promotional avenues and decided to grant two financial upgradation as recommended by 5th Pay Commission to Group `B', `C' and `D' employees on completion of 12 years and 24 years of regular service.

(2.) During its implementation various departments were confronted with the situation as to how upgradation was to be made in respect of different categories of posts namely isolated posts, cadre posts and non cadre posts etc. On 10th February, 2000, the clarificatory memorandum under the said Scheme was issued by the Ministry of Personnel, Public Grievances and Pensions, (Department of Personnel and Training). Relevant clauses for the purpose of instant case are clause 10 and clause 32. Clause 10 relates to the applicability of this scheme with regard to isolated post and the criteria to be adopted was advised as under:-

(3.) Clause No.31 defined the "isolated post" as a stand alone post having neither feeder grade nor promotional grade. A post having no promotional grade but having a feeder grade and vice versa did not come within the definition of isolated post.