RAMA NAND AND ORS. versus CHIEF SECRETARY, GOVT. OF NCT OF DELHI & ANR.

RAMA NAND AND ORS. versus CHIEF SECRETARY, GOVT. OF NCT OF DELHI & ANR.

Because the conversion to Radio Telephone Operators required a minimum of five years' service, involved specialised training and granted substantially higher pay scale (an element of selection), it amounted to promotion rather than mere reorganisation/upgradation; therefore the appellants were not entitled to benefits under the ACP Scheme.

Parties
Appellants: Rama Nand and Ors.; Respondents: Chief Secretary, Govt. of NCT of Delhi & Anr.
Jurisdiction
India
Judgment Date
06 August 2020
Procedural Posture
Civil Appeal / Final Judgment by Supreme Court (appeal From Delhi High Court)
Outcome
Appeals dismissed.
Legal Topics
Assured Career Progression (acp) Scheme, Promotion Vs Upgradation, Reorganisation of Cadre, Deployment as Radio Telephone Operators
Service Law Assured Career Progression (acp) Scheme Promotion Vs Upgradation Reorganisation of Cadre Deployment as Radio Telephone Operators

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Parties

Rama Nand and Ors.

Appellants

Chief Secretary, Govt. of NCT of Delhi & Anr.

Respondents

Procedural Posture

Civil Appeal / Final Judgment by Supreme Court (appeal From Delhi High Court)

Legal Issues

  1. 1 Whether deployment of Telephone Operators as Radio Telephone Operators amounted to a promotion or was a mere reorganisation/upgradation for purposes of entitlement to benefits under the Assured Career Progression (ACP) Scheme.

Ratio Decidendi

Because the conversion to Radio Telephone Operators required a minimum of five years' service, involved specialised training and granted substantially higher pay scale (an element of selection), it amounted to promotion rather than mere reorganisation/upgradation; therefore the appellants were not entitled to benefits under the ACP Scheme.

Court Disposition

Appeals dismissed.

Orders

  • Appeals dismissed.
  • Parties to bear their own costs.