Supreme Court: Reorganisation of the Cadre on an element of selection criteria results in promotion, not entitled to benefit of ACP

The SC on August 06, 2020 {RAMA NAND AND ORS. vs CHIEF SECRETARY, GOVT. OF NCT OF DELHI & ANR.} held that the training and the benchmark of 5 years of service itself involve an element of selection process. 

It was held by the Bench, comprising of Justice Sanjay Kishan Kaul, Justice Ajay Rastogi & Justice Aniruddha Bose, that in the present case the consequence of reorganisation of the cadre resulted in not only a mere re-description of the post but also a much higher pay scale being granted to the appellants based on an element of selection criteria. 

The limited controversy which arises for adjudication in the present case before the SC was whether the deployment of the appellants as RTOs would amount to a promotion or whether it was a mere reorganisation and the appellants were entitled to the ACP separately in terms of the ACP Scheme.

The SC held that the complete factual contours of the difference between the two posts would have to be examined in the given factual situation and the triple criteria of minimum 5 years of service, a specialised training and much higher financial emoluments leaves it in no manner of doubt. It was held what was done has to be considered as a promotion disentitling the appellants to the benefits of the ACP Scheme. It was held that as the very objective of the ACP Scheme is “to deal with the problem of genuine stagnation and hardship faced by the employees due to lack of adequate promotional avenues.”

Accordingly, it was held that the benefits of ACP Scheme cannot be held applicable to the appellants and consequently the High Court was right in interfering with the order of the CAT. The appeal was dismissed by the SC.