LexSECR. GOVT. OF NCT OF DELHI & ORS. versus GRADE-I DASS OFFICERS ASSOCIATION & ORS.
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A B (2014] 8 S.C.R. 976 SECR., GOVT., OF NCT OF DELHI & ORS. v. GRADE-I DASS OFFICERS' ASSOCIATION & ORS. (Civil Appeal Nos. 5153-5157 of 2009) JULY 30, 2014. [VIKRAMAJIT SEN AND SHIVA KIRTI SINGH, JJ.] SERVICE LAW: c Assured Career Progression Scheme (ACPS), 1999 - Second financial upgradation on completion of 24 years - Delhi Administration Subordinate Service (DASS) Grade-I, i.e., feeder grade and next promotional Grade, i.e., Delhi Andaman and Nicobar Island Civil Service (DAN/CS) Grade- D II, being in the same pay grade - Claim of respondents members of DASS Grade-I for second financial upgradation in DAN/CS Grade-I instead of in DAN/CS Grade-II - Rejected by Tribunal, but allowed by High Court - Held: Fairness on part of State is a constitutional obligation and, therefore, a pay scale, which regularly promoted employee could not get due. E to established hierarchy for promotion, cannot be granted to those like the respondents on the plea that the financial upgradation to which they are found entitled as per existing hierarchy is too meagre - In view of stipulations and conditions in ACPS, financial upgradation is admissible in the F next higher grade only in accordance with the existing hierarchy in a cadre/category of posts without creating new posts for the purpose - Financial upgradation under ACPS is not only in lieu of but also in anticipation of regular promotion - In such a situation, financial upgradation G claimed by respondents cannot be granted because the same would be much in excess of what the officer would gain on actual promotion in the hierarchy, - In the facts of the case, it would not be proper to exercise power of judicial review H 976 SECR., GOVT., OF NCT OF DELHI v. GRADE-I DASS 977 OFFICERS' ASSOCIATION so as to reverse or modify the policy decision of Government A and it would be violative of rules of fairness and Arts. 14 and 16 of the Constitution - The claim of respondents was rightly rejected by Tribunal - Constitution of India, 1950 - Arts. 14, 16 and 226 - Government of India, Department of Personnel & Training, O.M. No. 3503411197-Estt. Dated 18.7.2001 - B Clarification 52. The respondents, who were appointed as Grade-II in the Delhi Administration Subordinate Service (DASS), and promoted to the post of DASS Grade-I, on completion of C 24 years, were eligible for second financial upgradation. Grade-I of DASS in the pay scale of Rs. 6500-200-10500 was the feeder grade for the next promotional grade in the hierarchy which was Grade-II (Group B) under the Delhi Andaman and Nicobar Island Civil Service (DANICS), but the Grade-II (Group B) of DANICS also had D the same pay scale of Rs. 6500-200-10500/-. Clarification 52 was issued by the Department of Personnel & Training by O.M. No. 35034/1/97-Estt. Dated 18.7.2001, to the effect' that since the feeder and promotional grades in the hierarchy were in the same scale of pay, the benefit of E financial upgradation under the ACPS was to be allowed in the same pay scale, and as per Condition No. 9 of the ACPS issued by the Department of Personnel & Training O.M. dated 10.2.2000, pay would be fixed under the provisions of F.R.22 (I) (a) (i) subject to a minimum benefit F of Rs. 100/-. The representations of the respondents that they should be granted upradation to the scale of Rs. 10,000-325~15200 which was the pay scale for Grade-I (Group A) of DANICS, were rejected. Their O.A. was also rejected by the Tribunal. However, the High Court allowed G their writ petitions. Allowing the appeals, the Court HELD: 1.1. From the relevant stipulations and conditions it is evident that the Assured Career H 978 SUPREME COURT REPORTS [2014) 8 S.C.R. A Progression Scheme (ACPS) offers higher pay scale/ financial benefits only to those eligible Government servants who remain deprived of regular promotions. For such deprivation, they are compensated by grant of monetary benefits on personal basis but the same does s not amount to functional/regular promotion and does not require creation of new posts.As per Condition No.7 of the conditions contained in Annexure to the Assured Career Progression Scheme, financial upgradation is admissible in the next higher grade only in accordance c with the existing hierarchy in a cadre/category of posts without creating new posts for the purpose. [para 11) [988-E-G] 1.2. Condition No.9 indicates that on upgradation under ACP Sch
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