Case Note & Summary
The petitioner, Shri Raghunath B. Desai, a Forest Guard employed by the State of Goa, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging communications dated 6/12/2004 and 20/12/2004 issued by the respondents (State of Goa and Chief Conservator of Forests) which denied him the benefit of the Assured Career Progression Scheme (ACPS) as per the Government Memorandum dated 22/2/2001. The petitioner had joined service on 1/6/1985 and completed 16 years of service on 1/6/2001. The ACPS memorandum provided for grant of the next higher pay scale after 16 years of service. The respondents rejected his claim on the ground that he had already been granted two promotions during his service, and thus was not entitled to ACPS. The petitioner contended that the denial was arbitrary and discriminatory, as other similarly situated employees had been granted the benefit. The court examined the memorandum and found that the ACPS was a separate scheme intended to provide career progression to employees who had stagnated due to lack of promotional avenues. The court held that the fact that the petitioner had received two promotions did not disentitle him from the ACPS, as the scheme was meant to benefit all employees who completed the requisite years of service. The court also noted that the respondents had not provided any valid reason for denying the benefit. Consequently, the court allowed the petition, quashed the impugned communications, and directed the respondents to grant the petitioner the benefit of ACPS with effect from 1/6/2001, along with consequential benefits such as arrears and re-fixation of pension. The court did not need to decide the alternative relief of stepping up of pay under FR 22.
Headnote
A) Service Law - Assured Career Progression Scheme - Entitlement - Petitioner, a Forest Guard, completed 16 years of service on 1/6/2001 - Government Memorandum dated 22/2/2001 provided for ACPS after 16 years - Respondents denied benefit on ground that petitioner had already been granted two promotions - Held that the ACPS is a separate scheme and denial was arbitrary and discriminatory - Petitioner entitled to ACPS from 1/6/2001 (Paras 1-10). B) Service Law - Stepping up of Pay - FR 22 - Alternative Relief - Petitioner sought stepping up of pay under FR 22 as alternative - Court did not need to decide this as main relief granted (Para 10).
Issue of Consideration
Whether the petitioner, a Forest Guard, is entitled to the benefit of the Assured Career Progression Scheme (ACPS) from the date of completion of 16 years of service as per the Government Memorandum dated 22/2/2001, and whether the impugned communications dated 6/12/2004 and 20/12/2004 denying such benefit are arbitrary and discriminatory.
Final Decision
The court allowed the writ petition, quashed the impugned communications dated 6/12/2004 and 20/12/2004, and directed the respondents to grant the petitioner the benefit of ACPS with effect from 1/6/2001 along with all consequential benefits including arrears and re-fixation of pension.
Law Points
- Assured Career Progression Scheme
- stepping up of pay
- FR 22
- discrimination
- fundamental rights
- Articles 226 and 227 of Constitution of India
