Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Time Bound Promotion Claim Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Higher Scale and designation – Time bound promotion – claim for- The respondent was appointed as an ‘Electrician’ – A settlement dated 10.01.1984 was reached between the appellant – institute and its Employees’ Association with respect to time bound promotions/ change to the next grade – According to the appellant, the said settlement was not applicable to Jamadar, Drivers, Gestetner operators, Electricians etc. – However, in light of Cl. 1(v) of the memorandum of settlement dated 10.01.1984, a decision was taken to provide Jamadar, Drivers, Gestetner operators, electricians etc. the next grade – Thereafter, in another memorandum of settlement dated 02.08.1988 and 15.06.1991 the only change was with respect to the time gap for promotion under the earlier settlement deed dated 10.01.1984 and the period for getting the promotion under the TBPS was reduced – According to respondent, he was entitled to promotion to the post of Assistant and thereafter to the post of section officer – Writ petition – The Single Judge of the High Court dismissed the writ petition – However, the Division Bench of the High court directed the appellant to grant the respondent promotion under the TBPS as per memorandum of settlement dated 02.08.1988 and 15.06.1991 – On appeal, held: In the memorandum of settlement dated 02.08.1988, it was specifically provided that except for and subject to the changes made by the said settlement, namely, reduction of time period for getting the promotion under the TBPS, all other terms and conditions relating to the TBPS, as contained in the settlement/ agreement dated 10.01.1984, shall remain in force and be applicable during the period of the said agreement – By a subsequent settlement dated 15.06.1991 the period was further reduced – Whatever, was stated/ provided in the settlement/agreement dated 10.01.1984 and in Cl. (1)(v) continued to be in operation – Therefore, those employees like the respondent serving as Electricians etc. were not entitled to any promotion under the TBPS, as contained in the settlement/ agreement dated 10.01.1984 and such subsequent memorandum of settlements dated 02.08.1988 and 15.06.1991 – The respondent was already given the Pay-scale of an Assistant as per Cl. 1(v) of the memorandum by the decision dated 25.02.1984 of the President of Employees Association – Therefore, the High Court committed grave error in observing and holding that the respondent shall be entitled to promotion under the TBPS as per the memorandum of settlements dated 02.08.1988 and 15.06.1991. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2020 INSC 87 |
Petitioner | Institute Of Chartered Accountants Of India |
Respondent | J.r. William Singh |
SCR | [2020] 2 S.C.R. 464 |
Judgement Date | 2020-01-24 |
Case Number | 200 |
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