LAWS(DLH)-2016-1-185

AMRIT SINGH Vs. UNION OF INDIA

Decided On January 29, 2016
AMRIT SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) CM No.2520/2016 in W.P.(C) No.388/2015 CM No.2524/2016 in W.P.(C) No.394/2015 CM No.2610/2016 in W.P.(C) No.972/2015 CM No.2531/2016 in W.P.(C) No.3734/2015 CM No.2416/2016 in W.P.(C) No.4808/2015 CM No.2526/2016 in W.P.(C) No.5605/2015 Allowed subject to just exceptions. CM No.2519/2016 in W.P.(C) No.388/2015 CM No.2523/2016 in W.P.(C) No.394/2015 CM No.2609/2016 in W.P.(C) No.972/2015 CM No.2530/2016 in W.P.(C) No.3734/2015 CM No.2415/2016 in W.P.(C) No.4808/2015 CM No.2525/2016 in W.P.(C) No.5605/2015 For the reasons stated in the applications delay in filing the review petition is condoned. The applications are disposed of. R.P.No.31/2016 in W.P.(C) No.388/2015 R.P.No.33/2016 in W.P.(C) No.394/2015 R.P.No.36/2016 in W.P.(C) No.972/2015 R.P.No.35/2016 in W.P.(C) No.3734/2015 R.P.No.28/2016 in W.P.(C) No.4808/2015 R.P.No.34/2016 in W.P.(C) No.5605/2015

(2.) It is not in dispute today that the main judgment which was followed in subsequent three judgments is the one dated March 05, 2015 and thus effectively we would be called upon to consider the review petitions with reference to the reasoning in the decision dated March 05, 2015.

(3.) It is not in dispute that the issue raised in all the writ petitions concern implementation of the Assured Career Progression Scheme (ACP), as per which those who had rendered 12 years' service and had earned no promotion were, subject to fitness, entitled to the first financial upgradation and subject to fitness if no second promotion was earned upon completion of 24 years' service, to a second financial upgradation. The ACP Scheme was introduced in the year 1999 to avoid stagnation. Concededly, the scheme envisaged placement of the incumbent in the next higher grade; akin to an in -situ promotion.