PONDICHERRY UNIVERSITY Vs. DR. SHEELA DAS

JUDGEMENT

(1.) The Writ Petitioner, Dr. Sheela Das (in short 'Writ Petitioner'/ 'Petitioner') is a Medical Doctor and had joined the Pondicherry University (in short 'Appellant'/'University') as a Medical Officer on 23/3/1992. There was no avenue available within the University itself for promotion or advancement in career at that relevant point in time. Hence, a scheme of Assured Career Progression Scheme (ACPS) had been floated providing for two escalations in designation with commensurate service benefits, one each after 12 years of service. As this was still found to be inadequate to address the issue of stagnation of Employees in a particular post, recommendations had been made by the Vth Central Pay Commission for a better and more effective scheme.

(2.) Based on the recommendations, a Dynamic Assured Career Progression (DACP) Scheme had been formulated for Officers of the Central Health Services (CHS). The recommendations were accepted, and vide Communication, dtd. 5/4/2002, CHS promotion to various cadres was stipulated in details. The operative portion as relevant to this order is as below:

(3.) The scheme was implemented and by Communication, dtd. 30/7/2004, the University promoted the Petitioner to the post of Senior Medical Officer, with effect from 11/3/1996 when she has completed four years regular service as a Medical Officer. The promotion was subject to ratification by the Executive Council of the University and approval by the University Grants Commission ((UGC)/R2 in the Writ Petition). The commensurate service benefits were also intimated under the same communication.