Excelsior Correspondent
JAMMU, Oct 27: High Court has held that a retired person cannot claim Revised Career Advancement Scheme.
While dismissing the petition filed by Sudesh Kumar Gupta, Justice Sanjay Dhar observed, “notification dated 30.04.2007 provides that Revised Career Advancement Scheme to the technical staff of the Science Departments will have prospective effect. It has, however, been provided that pay would be fixed notionally from the date an incumbent becomes eligible and notional effect would not entail any retrospective financial benefit, meaning thereby that the Revised Career Advancement Scheme notified vide Notification dated 30.04.2007 would continue to have prospective effect, but while fixing the pay of the eligible officials, notional effect would be given from the date they become eligible”.
“The plain meaning of this is that the Revised Career Advancement Scheme would apply only to those officials of the respondent-University who are in service as on date of issuance of Notification dated 30.04.2007 or thereafter. Such officials, who are in service as on said date and are eligible under the scheme that is if they have put in 10 years of consistent satisfactory service in the initial scale or if they have put in 18 years of consistent satisfactory service, would be entitled to pay scale under the Revised Career Advancement Scheme from the date they actually become eligible under the said scheme and not from the date of notification of the said scheme”, High Court said.
“However, it has been made clear that such eligible officials shall not be entitled to any financial benefits on the basis of fixation of their pay scale as per the Revised Career Advancement Scheme from a date on which they actually become eligible for said pay scale in terms of the scheme. There is no manner of doubt in the language used in Notification dated 05.06.2007 that the Revised Career Advancement Scheme would apply only prospectively to those employees who are in service as on date of notification of the said revised scheme. The retrospective notional effect to the revised scheme has been extended only to those employees who were in service as on date of issuance of revised scheme”, High Court said.
The petitioner has admittedly retired on 31.01.2005 when the Revised Career Advancement Scheme had not come into operation, therefore, he cannot claim benefit under the said scheme, High Court said, adding “his case is clearly distinguishable from the cases of A R Mughal, Bhawani Dutt and Dr Ashok Sahni, who were admittedly in service at the time when the Revised Career Advancement Scheme was notified by the respondent-University”.
With these observations, the Court dismissed the petition.
Follow our WhatsApp channel
