Service in Local Bodies Not Counted for Assured Career Progression, Court Upholds Government Order
In a significant ruling, the Uttarakhand High Court has dismissed a writ petition filed by Bhopal Chandra Pancholi challenging the exclusion of his previous service in a local body from the Assured Career Progression (A.C.P.) Scheme. The judgment, delivered by Justice Pankaj Purohit, affirmed the validity of Government Orders which explicitly exclude service rendered in local bodies from being considered for financial upgradation under the A.C.P. Scheme.
Bhopal Chandra Pancholi, the petitioner, had sought the inclusion of his service from 1985 to 1996 with the Nagar Palika Parishad, Pithoragarh, for the purpose of qualifying for the third A.C.P. The petitioner contended that his service should be recognized for career progression, given its acknowledgment for pay protection upon joining the State Election Commission in 1996. However, the court upheld the Government Orders dated 08.03.2011, 01.07.2013, and 06.11.2013, emphasizing their consistent application in excluding local body service from A.C.P. eligibility.
The petitioner argued that the withdrawal of the A.C.P. benefit, initially granted in 2014, was arbitrary and retrospective. He claimed it violated principles of natural justice since no hearing was provided before the decision was made. Nonetheless, the court found that no statutory or executive instruction supported the inclusion of local body service for A.C.P. benefits. The court highlighted the distinction between pay protection and A.C.P. eligibility, asserting that recognizing past service for pay protection does not automatically confer A.C.P. entitlement.
The judgment dismissed challenges to the Government Order dated 06.11.2013, which the petitioner labeled as arbitrary and discriminatory. The court noted the absence of evidence to demonstrate any violation of constitutional provisions. Justice Purohit ruled that the Government Orders are consistent with the A.C.P. Scheme and appropriately applied to all similarly situated employees.
The court's decision reinforces the understanding that service in local bodies does not qualify for A.C.P. benefits unless specifically provided for in applicable Government Orders. The ruling highlights the legal framework governing career progression schemes and clarifies the exclusion criteria under the A.C.P. Scheme.
Bottom line:-
Service Law - Assured Career Progression (A.C.P.) Scheme - Previous service rendered in a local body cannot be considered for financial upgradation under the A.C.P. Scheme, unless specifically provided for in applicable Government Orders.
Statutory provision(s): Article 14, Article 16, Article 311 of the Constitution of India, Government Orders dated 08.03.2011, 01.07.2013, 06.11.2013
Bhopal Chandra Pancholi v. State Election Commission, (Uttarakhand) : Law Finder Doc id # 2937617
