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    <title>2020 (3) TMI 1393 - Supreme Court</title>
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    <description>The Modified Assured Career Progression Scheme grants financial upgradation only in the immediate next higher grade pay, not in the next promotional hierarchy, because the scheme&#039;s wording and the Sixth Central Pay Commission&#039;s recommendation support that limited progression and courts should not rewrite the policy absent arbitrariness or hostile discrimination. A prior dismissal in Raj Pal on the ground of delay in refiling was not a decision on merits and did not create a declaration of law under Article 141, so it could not be treated as binding precedent. The High Court and Tribunal orders were set aside and the claims based on promotional hierarchy were rejected.</description>
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      <link>https://www.taxtmi.com/caselaws?id=300396</link>
      <description>The Modified Assured Career Progression Scheme grants financial upgradation only in the immediate next higher grade pay, not in the next promotional hierarchy, because the scheme&#039;s wording and the Sixth Central Pay Commission&#039;s recommendation support that limited progression and courts should not rewrite the policy absent arbitrariness or hostile discrimination. A prior dismissal in Raj Pal on the ground of delay in refiling was not a decision on merits and did not create a declaration of law under Article 141, so it could not be treated as binding precedent. The High Court and Tribunal orders were set aside and the claims based on promotional hierarchy were rejected.</description>
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