ORDER (Honble Sh. C.S. Chadha, AM): These two cases are identical on facts and, therefore, are being disposed of by a common order. 2. The applicants in both the cases were appointed as Field men in the Forest Survey of India on 29.12.78. Both of them are qualified only upto 9th standard. After the Assured Career progression (ACP) scheme was introduced by the Government in furtherance of the recommendations of the 5th Pay Commissions report, both of them applied for being financially upgraded to the pay scale of Deputy Ranger. Their cases were rejected on the ground that they were not qualified enough to be promoted as Deputy Ranger. In the order rejecting the claim of the applicants, no reason has mentioned. However, in their written reply, the stand taken by the respondents is that the applicants had not qualified the trade test for promotion to the next higher post and they also do not possess the required qualification for the same. 3. The main issue to be decided in these cases is whether for granting benefit under the ACP Scheme, is it necessary for the concerned official to have the requisite qualification of the higher post of which the pay scale is to be given to him? The learned counsel for the respondents has relied upon the clarification issued in this regard by the Department of Personnel and Training vide OM 20.2.2002, annexure R-2. In the 16th clarification in the annexure appended to the OM referred to above, it has been directed that the upgradation should not be allowed, if an employee fails to qualify in the departmental skill test prescribed for the purpose of regular promotion. First of all, the clarifications issued by the Department of personnel and Training are not binding on the Tribunal and are merely the interpretation of the scheme by the Deptt. This clarification also does not speak about the educational qualifications. We are not convinced that for deserving a financial upgradantion, the concerned employee should have necessary qualifications and passed the trade test for a normal promotion to the next higher post. In other words, we do not think it necessary that the applicants while seeking financial upgradation to the pay scale of a Deputy Ranger under the ACP scheme must also possess all he qualifications required for a normal promotion to the rank of Deputy Ranger.
In other words, we do not think it necessary that the applicants while seeking financial upgradation to the pay scale of a Deputy Ranger under the ACP scheme must also possess all he qualifications required for a normal promotion to the rank of Deputy Ranger. We would like to place on record that the ACP scheme is not meant only for financial upgradation of those employees who have higher channel of promotion but due to shortage of posts, they are not in a position to secure promotion, the scheme also covers all such employees who are in isolated posts, having no hierarchy for promotion whatsoever. For example, a Driver in a Govt. department does not have any higher post for promotion, but is also entitled to the benefit of 2 financial upgradations, one after 12 years and the second one after further 12 years. Therefore, it is obvious that the ACP scheme was introduced to avoid heart burning and frustration amongst those employees who do not have any chance of promotion. This argument is bolstered by Rule 7 in Annexure-1 to the ACP scheme, issued on 9.8.1999. The relevant portion is reproduced below: "However, in case of isolated posts, in the absence of defined hierarchical grades financial upgradation shall be given by the Ministries/Departments an concerned, in the immediately next higher (standard/common) pay scales as indicated in Annexure-11 which is in keeping with part-A of the First Schedule, annexed to the Notification, dated September 30, 1997 of the Ministry of Finance (Department of Expenditure)." 4. Therefore, it is clear, that, in isolated posts also where neither there is a higher post, nor qualifications of a higher post, the employee is entitled to financial upgradation after 12 years. It is, therefore, very logical to conclude that it for instance a Driver having no channel of promotion can get financial upgradation after 12 years without achieving or having any higher educational qualifications or passing any technical or skilled test, employees such as Fieldsmen will also be entitled to financial upgradation without having any higher, qualification or passing any departmental examination. Further the ACP scheme clearly states that the financial upgradation will not be accompanied by any change of duties or designation. In fact, in Rule 6 of Annexure-1 to the said notification, it has been clearly mentioned that" the employees shall retain their old designation.
Further the ACP scheme clearly states that the financial upgradation will not be accompanied by any change of duties or designation. In fact, in Rule 6 of Annexure-1 to the said notification, it has been clearly mentioned that" the employees shall retain their old designation. In fact, a through reading of the ACP scheme issued in September, 1999 clearly brings out that the concerned employee does not get a promotion, he simply gets a financial upgradation in order to avoid stagnation in the old pay scale. Further, as mentioned above, if there was a distinction between the entitlement for financial upgradation, in isolated posts and those having a defined hierarchy, then the scheme would have "clearly mentioned the requirement of passing the departmental examination or higher educational qualifications only in case of those having a defined hierarchy. Since no such distinction has been made, it is obvious that the financial upgradation has to be given after completion of 12 years, if the service record of the concerned employee is satisfactory, without reference to any qualification or eligibility condition of the higher post. The financial upgradation as mentioned above does not give the person concerned a higher status higher, charter of duties and responsibilities. 5. We also questioned the learned counsel for the respondents as to whether there is any such provision in the ACP scheme of September, 1999 which requires possessing of higher educational qualifications, and he could not show any such rule or provision. 6. In the circumstances mentioned above, we are convinced hat the ACP has to be given effect to in all cases of Group D employees if their services have been satisfactory, after completion of 12 years. However, in the present case, the employees had completed more than 12 years before the Scheme was introduced and they had in fact, put in more than 20 years of service before the scheme was given effect to. Be that as it may, they shall be entitled to the benefit of the first financial upgradation only immediately after the scheme came into effect, if their service record was otherwise found satisfactory. 7. The OAs are, therefore, allowed. The respondents are directed to hold a meeting of the screening committee to consider the service record of the two applicants and If found satisfactory, to .give them the benefit of the first financial upgradation from the date the scheme became effective.
7. The OAs are, therefore, allowed. The respondents are directed to hold a meeting of the screening committee to consider the service record of the two applicants and If found satisfactory, to .give them the benefit of the first financial upgradation from the date the scheme became effective. No order as to cost. -