BINDU SEHGAL Vs. UOI AND ORS.

JUDGEMENT

(1.) The writ petitioner seeks directions for appropriate pay fixation and release of Assured Career Progression (ACP) benefits in terms of the scheme formulated by the Central Government in that regard, on 09.08.1999.

(2.) The undisputed facts are that in response to an advertisement issued by the Union Public Service Commission (UPSC) seeking applications from eligible candidates for direct recruitment to the post of Hindi Officer in the Border Road Development Board, the Ministry of Transport, the Petitioner applied. She was selected and appointed to the said post in September, 1986, and confirmed in the post on 23.10.1988. Her grievance is that those similarly situated and possessing qualifications similar to what are possessed by her but who were recruited through the UPSC in 1986 and allocated to Central Secretariat Official Language Service were promoted as Senior Hindi Officers/Varisth Hindi Adhikharis after about 8 years. Some of them were later promoted to the post of Joint Director. However, the petitioner stagnated as a Hindi Officer in her department. Her representation seeking promotion was considered in consultation with the Ministry of Defence (Finance). She was advised to await the recommendations of the Fifth Central Pay Commission.

(3.) The Petitioner contends that despite a report of the Parliamentary Committee on Official language and the Central Hindi Implementation Committee headed by the Prime Minister, recommending that a separate cadre be formed for providing promotional avenues to Hindi Officers working in subordinate offices in various Ministries and undertakings- (which were accepted with appropriate directions for cadre formations)- the recommendations were ignored by the BRO, which fell back to the ACP Scheme. The ACP scheme, envisions two financial upgradations: the first after completion of 12 and the second after 24 years of regular service in cases of acute stagnation. The ACP scheme was made applicable in the case of directly recruited "B" Group Hindi Officers as well.