In Brief
The Union of India appealed against a High Court decision restoring Assured Career Progression (ACP) benefits to three Central Government employees who had refused regular promotion. The Supreme Court held that financial upgradation under the ACP Scheme is available only to employees who cannot obtain regular promotion during prescribed service intervals. Employees Manju Arora and Suman Lata Bhatia, who were offered but rejected regular promotion on personal grounds, cannot claim genuine stagnation and are disentitled to ACP benefits. The doctrine of approbate and reprobate prevents them from simultaneously rejecting promotion and claiming its financial alternative. However, employees Kanta Suri and Veena Arora, offered only conditional/officiating promotions subject to reversion, retain ACP eligibility as they did not exercise a genuine choice. The appeals were partly allowed and partly dismissed accordingly.
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