KENDRIYA VIDYALAYA SANGATHAN Vs. BALBIR SINGH

JUDGEMENT

(1.) THE Kendriya Vidyalaya Sangathan (KVS) adopted the Assured Career progression Scheme (for short ACP Scheme) of the Government and given the nomenclature as "career Advancement Scheme" vide memo dated 12. 10. 2000. The entire ACP scheme was adopted as it is. The question has arisen as to how this scheme is to be applied in a case where a particular employee refused promotion offered to him in the normal course. We may state the facts of this case before we dwell on this issue.

(2.) THE respondent herein joined the Kendriya Vidyalaya Sangathan as group-D employee on 13. 8. 1965. On 15. 3. 1999 he was offered promotion to the post of laboratory attendant which he declined to accept. Another offer for promotion to the same post was given on 7. 12. 2000 and the respondent again turned down this offer. Before the second offer for promotion was given the Career advancement Scheme was introduced to take care of acute stagnation in the service career of those who were not able to get promotion though otherwsie eligible, by giving them the benefit of higher pay. Two such benefits are provided under this scheme, namely, on the completion of 12 years and 24 years of service respectively. In case an employee gets promotion in normal course before the expiry of 12 years service, he is not entitled to the first benefit of financial upgradation under the said scheme after the expiry of 12 years. In that event he would get only the second upgradation 12 years after the promotion if he does not get any promotion in the meantime though otherwise eligible.

(3.) WHEN a person is offered promotion and he refuses to accept it, the same would mean that he did not avail of the promotion. What would be the consequence thereof is provided under the Scheme itself. For this purpose two conditions mentioned in the scheme, which would be relevant for our purpose are condition No. 5. 1 and condition No. 10. We reproduce both these conditions hereunder: condition No. 5. 1