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Supreme Court of India 2022-01-03 partly_allowed

UNION OF INDIA & ORS vs MANJU ARORA & ANR

Bench: 2 — R. Subhash Reddy, Hrishikesh Roy

In Brief

The Supreme Court clarified the scope of the Assured Career Progression Scheme (ACP), which provides financial upgradation to Central Government civilian employees who do not receive regular promotion at prescribed intervals. The Court held that employees who refuse offered regular promotions cannot claim ACP benefits, as they have voluntarily chosen to remain in their existing grade rather than suffer genuine stagnation. The doctrine of approbate and reprobate prevents them from simultaneously rejecting promotion and claiming the substitute benefit. However, employees offered only conditional officiating promotion (subject to reversion) are entitled to ACP benefits if they lack regular promotion opportunities, as they do not face a true choice between alternatives.

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Constitutional Law Administrative Law Central Government Employees Promotion and Advancement Service Benefits Assured Career Progression Scheme

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