Directing that a superannuated school teacher be considered for financial upgradation under the Assured Career Progression (ACP) scheme, the Delhi High Court has said that the condition of possessing a higher qualification in the same subject under the scheme is applicable only for language teachers, not science teachers.
The order, dated December 3, 2024, comes more than a decade after a school teacher filed a petition before Delhi High Court in 2012 seeking directions to the Air Force Bal Bharti School, where she was a Chemistry teacher, to grant her benefits under the ACP and MACP (Modified ACP) schemes with arrears and interest.
The petitioner — Rama Gopalakrishnan — was appointed as a Trained Graduate Teacher (TGT) by the school on July 22, 1974.
The Department of Personnel and Training introduced the ACP scheme on August 9, 1999, following which Gopalakrishnan sought a financial upgradation from the school in the scale of Post Graduate Teacher (History).
However the school, in January 2012, communicated that Gopalakrishnan lacks the requisite qualification, and that she is instead being considered under the MACP scheme.
Gopalakrishnan had an undergraduate degree in Chemistry and post-graduate degree in History and B.Ed. The school had refused to grant her ACP on the ground that she was not a post-graduate in the science subject, i.e. Chemistry which she taught. Gopalakrishnan had contended before the court that as per the rules, the condition of possessing higher qualification in the same subject is applicable only to language teachers and not science teachers, and thus she is entitled for ACP upgradation as she fulfils the norms for promotion to the post of PGT (History).
The school had also contended that for her upgradation under MACP scheme, the benchmark of ‘Good’ is applicable on her grade pay but she does not meet the benchmark as three out of her five Annual Confidential Reports (ACRs) have gradings of ‘Average’.
Ruling in favour of the petitioner, Justice Singh directed that Gopalakrishnan’s case will be considered for grant of the first financial upgradation under the ACP scheme with effect from the date of her eligibility, that is, August 9, 1999. Further directing that she be formally communicated her ACR gradings, the court added that her case “shall be considered for grant of second MACP under the MACP scheme after consideration of the representation with respect to the ACRs in the reckoning.”
Directing that she be granted the benefits within four months, the court said, “Needless to state that if the petitioner is found fit for grant of the financial upgradations, the same shall be granted to her and arrears will be released. Since the petitioner has superannuated, in case of grant of the financial upgradation(s), revision will be carried out in her retiral benefits.”
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