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3. The respondents in their reply have admitted that the post of ANM is an isolated post having no avenue for promotion. The Respondents have also admitted that the representation of some of the petitioners for promotion to the post of Staff Nurse has been rejected because they do not possess mandatory qualification of Diploma in Nursing. The Respondents have however prayed for the dismissal of petition on the ground that petitioners have been given the benefits of financial up-gradation under Assured Career Progression Scheme (ACPS) and Modified Assured Career Progression Scheme (MACPS) introduced by the Government. According to the respondents, the financial benefits available to the petitioners under ACPS/MACPS are as under:-

7. The Supreme Court has thus settled that a public organization must provide promotional avenues for its employees to enhance their intellectual performance and ensure efficient public service. But, it is also seen that when a public organization is unable to provide promotional avenues, it implements ACPS/MACPS as recommended by the Pay Commission. The ACPS/MACPS was introduced with a view to provide 'safety net' to deal with problems of genuine stagnation and hardship faced by the employees due to lack of promotional avenues. This scheme provides granting of three financial up-gradation on completion of 12 years, 24 years and 30 years of regular service, respectively. According to the scheme, isolated post like that of the petitioners, which has no promotional avenues, shall also qualify for similar benefits. And in Hukum Chand Gupta v. Indian Council of Agricultural Research, (2012) 12 SCC 666, the Supreme Court has held that provisions contained in ACPS/MACPS are in consonance with the observation made by it in the case of Indian Council of Agricultural Research (supra). While holding so, the Supreme Court has also referred to its earlier decision in the State of Tripura v. K.K.Roy, (2004) 9 SCC 65, wherein non-implementation of ACPS by the State Government was not appreciated because the post of incumbent did not provide any avenue of promotion. In that case, the Supreme Court even directed the State Government to grant the incumbent of a post, one higher scale of pay on completion of 12 years and another upon completion of 24 years.

8. Since the petitioners are availing the benefits of financial up- gradation under ACPS/MACPS and this addresses their problem of stagnation and hardship due to lack of promotional avenues and the scheme is in consonance with the observation made by the Supreme Court in Indian Council of Agricultural Research (supra), we are unable to direct the respondents to make promotional avenues for them by amending the Rules, 2001.

9. In the result, the petition is dismissed. 

               JUDGE                               CHIEF JUSTICE




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