Ad Hoc Service Cannot Be Counted For Financial Upgradation Under Career Progression Schemes: Kerala High Court

The Kerala High Court recently held that an employee without the requisite qualifications for Bosun (Certified) cannot claim promotion to the said post, and that ad hoc service rendered by such employee shall not qualify for fiancial upgradations under the Assured Career Progression ('ACP'), and the Modified Assured Career Progression ('MACP') Schemes. 

"...we specifically note that the ACP Scheme itself stipulates that the employee must fulfil normal promotional norms. In such circumstances, without fulfilling the educational qualifications prescribed for the post of Bosun (Certified), the applicant is not entitled to claim promotion to the post of Bosun (certified)," the Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen observed.

The respondent applicant had entered service as a Cook in the office of the Deputy Director, Cochin, based on the Exploratory Fisheries Project, Kochi in 1982, and was thereafter appointed as Junior Deckhand on a regular basis with effect from September 1993, and later promoted as Senior Deckhand. 

The applicant averred that he was eligible for the 2nd financial upgradation with effect from June 2006 under the ACP Scheme, on completion of 24 years of service. However, he submitted that he was given only 2nd financial upgradation with effect from October 2007, in the scale of Bosun (uncertified), which scale had been created with effect from that date. The respondent applicant further stated that since he had completed 30 years of service in June 2012, he would be entitled to the 3rd financial upgradation under the MACP Scheme. 

The petitioners however argued that the applicant had been regularized only from February 1983 and that as such, his service between the period June 1982 to February 1983 could not be reckoned for financial upgradation. 

The Court was faced with the question as to whether the applicant would be entitled to the pay attached to Bosun (certified) and whether he would be entitled to 3rd financial upgradation under the MACP Scheme with effect from June 2012. 

The Court at the outset found that the applicant did not possess the necessary qualifications for the post of Bosun (certified), and found this fact to be undisputed. 

It noted that as per Condition No. 6 of the ACP Scheme, normal promotion norms ought to be fulfilled for the grant of financial upgradations, and that this had further been fortified by Clarification No.53 vide office memorandum dated 10.2.2000 issued by the Department of Personnel and Training which states that only those employees who fulfil all promotional norms, including higher/additional educational qualification, if prescribed, would be eligible to be considered for benefit under ACPS. 

On this basis, the Court found that the applicant would not be entitled to claim promotion to the post of Bosun (certified), without fulfilling the requisite educational qualifications prescribed for the post. 

It further discerned that the ACP Scheme envisages two financial upgradations on completion of 12 years and 24 years of service subject to conditions of regular service and that the MACP Scheme grants financial upgradation at intervals of 10, 20 and 30 years, and also that employees appointed on ad hoc basis are excluded from such benefits. 

Thus, since the applicant's service was regularised only with effect from February 1983, the Court ascertained that the ad hoc service rendered could not be counted for financial upgradation.

It thus allowed the present plea, and set aside the impugned order of the Tribunal. 

Counsel for the Petitioners: Deputy Solicitor General of India S. Manu and Central Government Counsel K.S. Prenjith Kumar

Counsel for the Respondents: Advocate C.S. Gopalakrishnan Nair

Citation: 2024 LiveLaw (Ker) 1

Case Title: Union of India & Ors. v. P.K. Santhosh Kumar 

Case Number: OP (CAT) NO. 62 OF 2022

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