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2020 (1) TMI 936 - SC - Indian LawsPromotion under Time Bound Promotion Scheme (TBPS) - superannuated respondent - pay scale and designation of a Section Officer with effect from 05.03.1993 - pay scale and designation of an Executive Officer with effect from 05.03.2002 - direction to pay arrears of salary and emoluments to the respondent, as revised for the aforesaid scales from time to time - HELD THAT:- It is required to be noted that the dispute is with respect to the promotion under the TBPS. An employee is entitled to the promotion under the TBPS only in accordance with the scheme and the promotion to the next higher post is provided under the TBPS. It is to be noted that, in the present case, the terms and conditions of the service of the employees of the appellant ICAI were governed by the settlements/agreements arrived at from time to time between ICAI and its Employees’ Association. The first settlement/agreement was arrived at on 10.01.1984 which, inter alia, provided for Time bound promotions/change to the next grade for its Class III and Class IV employees. It provided that if any LDC had already completed five years in the pay scale of ₹ 260400 he is to be placed in the pays cale of UDC Steno Typist i.e. ₹ 330560 and so on. Under Clause 1(v) of the said settlement/agreement, it was specifically provided that in respect of cases not falling under the two broad categories i.e. Clause III and Class IV, the decision was to be taken by the President of ICAI. This included the cases of Jamadar, Driver and Electrician. The employees of ICAI were governed by the memorandum of settlement dated 10.1.1984 so far as the timebound promotion is concerned and the subsequent settlements dated 02.08.1988 and 15.06.1991 were in continuation of the same. No new rights of promotion under the TBPS were conferred under the memorandum of settlements dated 02.08.1988 and 15.06.1991. The impugned judgment and order passed by Division Bench of the High Court directing the appellant to promote the respondent to the post of Assistant and thereafter to the post of Section Officer under the TBPS as per the memorandum of settlements dated 02.08.1988 and 15.06.1991 cannot be sustained and the same deserves to be quashed and set aside. Appeal allowed - decided in favor of appellant.
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