KENDRIYA VIDYALAYA SANGATHAN Vs. BALBIR SINGH
LAWS(DLH)-2007-10-289
HIGH COURT OF DELHI
Decided on October 31,2007

KENDRIYA VIDYALAYA SANGATHAN Appellant
VERSUS
SH. BALBIR SINGH Respondents

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 "two financial upgradation under the ACP Scheme in the entire Government service career of an employee shall be counted against regular promotions (including in situ promotion and fast track promotion availed through limited departmental competitive examination) availed from the grade in which an employee was appointed as a direct recruit. This shall mean that two financial upgradations under the ACP Scheme shall be available only if no regular promotion during the prescribed periods (12 and 24 years) have been availed by an employee. If employee has already got one regular promotion, he shall qualify for the second financial upgradation only on completion of 24 years of regular service under the ACP Scheme. In case two prior promotions on regular basis have been already been received by an employee, no benefit under the ACP Scheme shall accrue to him. " Condition No. 10 "grant of higher pay-scale under the ACP Scheme shall be conditional to the fact that an employee, while accepting the said benefit, shall be deemed to have given his unqualified acceptance for regular promotion on occurrence of vacancy subsequently. In case he refuses to accept the higher post on regular promotion subsequently, he shall be subject to normal debarment for regular promotion as prescribed in the general instructions in this regard. However, as and when he accepts regular promotion thereafter, he shall become eligible for the second upgradation under the ACP Scheme only after he completes the required eligibility service period under the ACP Scheme in that higher grade subject to the condition that the period for which he was debarred for regular promotion shall not count for the purpose. For example, if a person has got one financial upgradation after rendering 12 years of regular service and after 2 years therefrom if he refuses regular promotion and is consequently debarred for one year and subsequently he is promoted to the higher grade on regular basis after completion of 15 years (12+2+1) of regular service, he shall be eligible for consideration for the second upgradation under the ACP Scheme only after rendering 10 more years in addition to two years of service already rendered by him after the first financial upgradation (2+10) in that higher grade i. e. after 25 years (12+2+1-10) of the regular service because the debarment period of one year cannot be taken into account towards the required 12 years of regular service in the higher grade. ";


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