S.P. THAPLIYAL Vs. SECRETARY GENERAL AND ORS.

JUDGEMENT

(1.) Motivation is the tonic for an employee. Promotion in the cadre motivates an employee to work hard so that he achieves the prescribed benchmark to earn a promotion. A motivated hardworking employee is an asset to an organization and the employer gains in productivity, if the employee works hard and constantly moves in the direction of achieving higher and better results.

(2.) There are various court decisions, which we need not catalogue, impressing upon employers to provide career prospects opportunities to employees by so structuring the human resource cadre that if not more, at least two career advancement opportunities are available to an employee.

(3.) In its recommendations made to the Central Government by the 5th Central Pay Commission it was proposed that if due to non-availability of a promotional post an employee does not earn a promotion within 12 years of joining service the employee should be placed either in the next above pay scale or in the pay scale of the promotion post and if after serving for 24 years the employee does not earn a second promotion he should be placed in the next above pay scale or in the pay scale of the promotion post. The Central Government accepted the recommendation and issued an office memorandum on August 09, 1999, relevant part whereof reads as under:-