The Patna High Court has observed that Assured Career Progression is a beneficial measure adopted by the employer to mitigate the employees grievance of stagnation in service. No employee can claim a right to an Assured Career Progression Scheme. On if such a scheme is introduced by the State or the appointing authority, the employee gets a claim to seek for the same on the terms in which such career progression is introduced.
The Division Bench of Chief Justice K. Vinod Chandran and Justice Harish Kumar closed a Petition filed by the petitioners who are aggrieved with the Bihar Ayush (Ayurvedic, Unani and Homeopathy) Medical Education Service Rules, 2017.
The Rules were challenged on the ground of being discriminatory and violative of the fundamental rights guaranteed under the Constitution of India as well as on the ground of being contrary to the established norms of service jurisprudence and being ultra vires. The challenge was raised on the ground that there is no assured career progression (ACP) provided under the Rules.
In the present case, the Court noted that on 11.09.2020. career progression scheme was introduced. The petitioners claim that it should be made retrospective.
The Court was unable to countenance the contention of the claim raised for retrospective operation when it is for the employer to decide as to whether there should be a scheme of career progression or not. “Definitely, when it is introduced whether it is to be prospective or retrospective also would be within the exclusive domain of the employer.”