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| HC rules retired individuals cannot claim revised career advancement scheme | | | Early Times Report
JAMMU, Oct 27: In a recent judgment by Justice Sanjay Dhar of the Jammu & Kashmir and Ladakh High Court, it has been established that retired individuals cannot claim the benefits of the Revised Career Advancement Scheme.
The ruling came in response to a petition filed by Sudesh Kumar Gupta, in which he sought the benefits of the Revised Career Advancement Scheme, even though he had already retired. Justice Sanjay Dhar's judgment clarified that the Revised Career Advancement Scheme, as outlined in a notification dated April 30, 2007, had prospective effects. While the scheme was applicable to officials who were in service at the time of the notification or afterward, it did not offer retrospective financial benefits.
The notification provided that eligible officials would have their pay fixed notionally from the date they became eligible under the scheme, not from the date of the notification. This meant that only those employees who were in service at the time of the notification or afterward and met the eligibility criteria could benefit from the Revised Career Advancement Scheme.
Sudesh Kumar Gupta had retired on January 31, 2005, before the Revised Career Advancement Scheme came into effect. As a result, he was not entitled to the benefits of the scheme. The High Court's ruling emphasized that Gupta's case was distinct from those of individuals who were in service when the Revised Career Advancement Scheme was introduced and were thus eligible for the scheme's benefits on a notional basis.
The Court found no merit in Gupta's petition and dismissed it, emphasizing that the Revised Career Advancement Scheme applied prospectively to those who were in service at the time of its notification.
This judgment reinforces the principle that individuals who have retired before the implementation of a scheme or policy are generally not eligible for its benefits. |
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