Summary
The Supreme Court rejected an ICAI electrician’s claim to time-bound promotion into Section Officer and higher designations. Later settlements reduced waiting periods but preserved the original scheme’s distinct treatment of electricians, who received higher grades without promotion into that channel. Temporary charge did not itself confer promotion. The Court nevertheless directed payment of Section Officer salary for the period he actually officiated or held charge, if unpaid.
Issues
- Whether later settlements extended the time-bound promotional channel to an electrician previously entitled only to higher grades.
- Whether temporary charge created promotion rights or entitlement to the corresponding salary.
Held
- Time-bound promotion depends on the governing scheme. The 1988 and 1991 settlements changed the intervals, preserving the 1984 settlement and President’s decision for special categories including electricians. They created no new promotional right for this employee. (¶ 6)
- Temporary assignment of Diary/Dispatch duties did not constitute promotion where no promotion order existed and the employee retained and himself asserted the electrician designation. He was nonetheless entitled to the Section Officer salary for actual officiating or charge periods. (¶¶ 7, 9)
- The anti-stagnation purpose did not override the scheme’s express terms. The employee had received higher-grade benefits and had not challenged the relevant clause or President’s decision; the negotiated settlement bound him as an employee and association member. (¶ 8)
Result
ICAI’s appeal allowed and Division Bench judgment set aside, subject to payment of Section Officer salary for actual officiating or charge periods if not already paid. No costs.