LI Network
Published on: January 2, 2024 at 11:02 IST
In a recent decision, the Kerala High Court clarified that employees lacking the necessary qualifications for specific positions, such as Bosun (Certified), cannot demand promotions to those roles.
The Court emphasized that ad hoc services provided by such employees do not meet the criteria for financial upgrades under the Assured Career Progression (ACP) and Modified Assured Career Progression (MACP) Schemes.
The Division Bench, comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen, stated, “…the ACP Scheme itself stipulates that the employee must fulfill normal promotional norms. In such circumstances, without fulfilling the educational qualifications prescribed for the post of Bosun (Certified), the applicant is not entitled to claim promotion to the post of Bosun (certified).”
The case involved an applicant who began service as a Cook in the office of the Deputy Director, Cochin, through the Exploratory Fisheries Project, Kochi, in 1982. Subsequently, the applicant was appointed as a Junior Deckhand in September 1993 and later promoted to Senior Deckhand.
The petitioner contended eligibility for the second financial upgrade under the ACP Scheme from June 2006 and claimed that only the second financial upgrade was granted from October 2007 in the scale of Bosun (uncertified). The petitioner further argued entitlement to the third financial upgrade under the MACP Scheme upon completing 30 years of service in June 2012.
However, the Court sided with the petitioners, asserting that the applicant’s service regularization only began in February 1983. Therefore, service between June 1982 and February 1983 could not be considered for financial upgradation.
The Court emphasized that the ACP Scheme necessitates adherence to normal promotion norms for financial upgrades and cited Clarification No.53 issued by the Department of Personnel and Training, emphasizing that only employees meeting all promotional norms, including educational qualifications, are eligible for benefits under ACPS.
Consequently, the Court concluded that the applicant did not meet the educational requirements for the Bosun (certified) post and, as a result, was ineligible for promotion to that position. The decision underscored the exclusion of employees appointed on an ad hoc basis from the financial benefits outlined in the ACP and MACP Schemes.
The Court allowed the plea, setting aside the Tribunal’s order.