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Supreme Court of India 2020-01-24 allowed

The Institute of Chartered Accountants of India vs J.R. William Singh

Bench: 3 — Ashok Bhushan, M. R. Shah

In Brief

The Institute of Chartered Accountants of India appealed a High Court order directing it to promote an employee (initially an Electrician) to Section Officer and Executive Officer under its Time Bound Promotion Scheme (TBPS) with arrears of salary. The Supreme Court allowed the appeal, holding that the Electrician was specifically excluded from TBPS by a 1984 settlement and presidential decision, with only the next grade (Assistant) available to him. Subsequent 1988 and 1991 settlements, though modifying timelines, preserved the original exclusion. Temporary charge to Section Officer duties did not constitute promotion. However, the employee was entitled to Section Officer salary for periods he actually performed that work.

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Labour Law Employment Disputes Service Conditions Time Bound Promotion Scheme Settlement Agreements Statutory Interpretation

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