SC: Time-Bound Promotion Scheme does not override settlement exclusions; Electrician not entitled to promotion, but salary for officiating period allowed

Case Name: The Institute of Chartered Accountants of India v. J.R. William Singh
Date of Judgment: JANUARY 24, 2020
Citation: 2020 INSC 87; Civil Appeal No. 200 of 2020
Bench: Hon’ble Mr. Justice Ashok Bhushan and Hon’ble Mr. Justice M.R. Shah

Held: The Supreme Court held that under Clause 1(v) of the 1984 settlement and the President’s decision dated 25.02.1984, posts such as Electricians, Drivers, and Jamadars were excluded from time-bound promotions and entitled only to the next grade. Subsequent settlements of 1988 and 1991 merely reduced the time gap for promotions and did not create fresh rights. However, the respondent, having discharged duties of Section Officer on officiating basis, was held entitled to the salary of Section Officer for that period, though not to notional promotion.

Summary: The respondent, appointed as Electrician in 1974, claimed promotion as Section Officer under the Time-Bound Promotion Scheme (TBPS). The High Court allowed his claim, holding that later settlements contained no exclusion. The Supreme Court reversed, finding that the 1988 and 1991 settlements were continuations of the 1984 settlement, which expressly excluded Electricians. No specific promotion order had ever been issued in his favour, and temporary work in the Diary/Dispatch section could not confer promotion. Nevertheless, the Court directed ICAI to pay him the salary of Section Officer for the period he actually worked in that capacity.

Decision: High Court judgment quashed. Appeal allowed. Respondent not entitled to promotion under TBPS, but directed to be paid Section Officer’s salary for officiating period.