VidhiSangh

Supreme Court of India · 03/01/2022

UNION OF INDIA & ORS. versus MANJU ARORA & ANR.

[2022] 2 S.C.R. 591 · 2022 INSC 1

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court distinguished refusal of regular promotion from refusal of a conditional officiating promotion under the 1999 Assured Career Progression Scheme. Employees who declined regular vacancy-based promotion before becoming entitled to financial upgradation could not claim stagnation caused by lack of promotional avenues. By contrast, refusing an officiating promotion expressly subject to reversion did not disqualify the other two employees. The Union’s first set of appeals was allowed and its second set dismissed, with consequential relief for the eligible retired employees directed within three months.

Issues

  1. Whether refusal of regular promotion before ACP eligibility defeated financial upgradation.
  2. Whether refusal of conditional officiating promotion had the same effect.

Provisions considered

Held

Result

Union’s appeals 7027-7028/2009 allowed; appeals 7150-7151/2009 dismissed; consequential relief for the two eligible employees directed within three months; no costs.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 591.