Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Non-acceptance of promotion Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service Law – Non-acceptance of promotion – Employee if entitled to benefits under Assured Career Progression Scheme (ACP) – Respondents-employees refused the offered promotion due to personal grounds – However, the benefits under the ACP Scheme were given to them but, were later withdrawn – Respondents were reverted back to their earlier pay scale – Challenged withdrawal of ACP benefit – Tribunal held that they were not entitled to the benefits of upgraded pay scale in terms of the ACP Scheme – Division Bench issued direction for restoration of the upgradation under the ACP Scheme – On appeal, held: If a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to financial upgradation only because she has suffered stagnation – This is because, it is not a case of lack of promotional opportunities but an employee opting to forfeit offered promotion, for own personal reasons – This vital aspect was not appropriately appreciated by High Court while granting relief to the employees – Employees who have refused the offer of regular promotion are disentitled to the financial upgradation benefits of ACP Scheme under O.M. dtd. 9.8.99 – However, this would not apply to the two respondents in C.A Nos.7150-7151/2009 as they were not offered regular promotion but conditional promotion – Their refusal of the promotion will not disentitle them to the benefits under the ACP Scheme – Doctrine of Approbate and Reprobate. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2022 INSC 1 |
Petitioner | Union Of India & Ors. |
Respondent | Manju Arora & Anr. |
SCR | [2022] 2 S.C.R. 591 |
Judgement Date | 2022-01-03 |
Case Number | 7027-7028 |
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