S.P. THAPLIYAL Vs. SECRETARY GENERAL

JUDGEMENT

(1.) THE petitioner, who was an employee of the Rajya Sabha Secretariat/respondents, through this writ petition under Article 226 of the Constitution of India, seeks appropriate writs or directions for implementation of the Assured Career Progression/Financial Upgradation (ACP/FU) scheme dated 5.10.2001. The reliefs prayed for in the writ petition are sought on the basis of interpretation sought to be given by the petitioner to the subject scheme that every employee such as the petitioner after 12 years of the date of his joining must get the first step financial package in terms of the scheme and must also get a second step financial package after another 12 years i.e a total period of 24 years. It is asserted that though the scheme specifically states that it will come into force w.e.f. 9.8.1999, however, yet every employee such as the petitioner who from the date of his joining prior to the date of implementation of the scheme has completed either 12 years or 24 years without any promotion, must get the requisite financial packages in terms of ACP/FU scheme dated 5.10.2001. The respondents, however, counter that interpretation which is sought to be put by the petitioner on the scheme effectively seeks retrospective operation of the scheme although the scheme specifically states that it has come into force from 9.8.1999. What the respondents therefore basically contend is that a period of 12 years have to be seen w.e.f. 9.8.1999 or 12 years from the last promotion, whichever is later, and not from the date of joining as an employee with the Rajya Sabha Secretariat.

(2.) THE facts of the case are that the petitioner was appointed as a Parliamentary Reporter Grade-I in Rajya Sabha Secretariat on 10.5.1977. Petitioner was promoted to the post of Senior Parliamentary Reporter w.e.f. 15.6.1992. The petitioner superannuated from the service on 30.4.2002. The ACP/FU scheme came into force w.e.f. 9.8.1999 and therefore the petitioner contends that the period of 12 years must first end so far as the petitioner is concerned on 10.5.1989 and then another 12 years should be counted thereafter for the purpose of pay fixation of the petitioner in terms of ACP/FU scheme.

(3.) A reading of the underlined portions of the aforesaid scheme shows the following salient features:-