UNION OF INDIA Vs. KESHO RAM

JUDGEMENT

(1.) This writ petition is directed against the impugned judgment and order dated 15th October, 2001 which is passed by the learned Central Administrative Tribunal whereby the learned Tribunal has held that the subsequent office order issued by the appellant herein could only supplement the Assured Career Promotion Scheme (In short, ACP Scheme) but could not supplant the same. Being aggrieved by the aforesaid observations and the findings recorded by the Tribunal, the present petition is filed on which we have heard the learned counsel appearing for the parties.

(2.) The Assured Career Scheme (for short the `ACP') was introduced by the appellant pursuant to which the respondent herein would receive certain benefits. Subsequently, however, the appellant issued an administrative circular stating inter alia that the contents thereof are by way of clarification to the provisions of the Scheme. It was also stated while issuing the said clarificatory memorandum that it is the provisions of the memorandum which would prevail. Therefore, the intention in issuing the aforesaid clarificatory circular was not for supplementing the Scheme, but supplant the provisions of the Scheme. It is needless to say that the scheme itself could be amended or superseded by introducing a new Scheme and power for doing the same is vested on the appellant. However, instead of resorting to the said power by superseding or amending the circular, the respondent proceeded to issue a circular by way of clarification but having the effect of supplanting the Scheme. The same is held to be not permissible by the ratio of the decision of the

(3.) Supreme Court in the case of DIRECTOR GENERAL OF POSTS & OHERS VS. B. RAVINDRAN & ANR. reported in (1997) 1 SCC 641. In para 16 of the said judgment, it was held that the subsequent orders issued in 1978 and 1983 were supplementary in nature and did have a binding force. It was held that under those circumstances, the Government could not have, under the guise of a clarificatory order, taken away the right which had accrued to such re-employed pensioners with retrospective effect.