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2011 DIGILAW 4416 (MAD)

D. Daniel Appadurai v. Union of India rep. by the Secretary, Ministry of Communication, Departmetn of Posts, New Delhi

2011-11-04

ELIPE DHARMA RAO, R.SUBBIAH

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Judgment :- ElipeDharma Rao, J. 1. Challenging the order, dated 19.06.2009, passed by the Central Administrative Tribunal, in O.A.No.261 of 2007, rejecting the claim made by the petitioner for the grant of benefit of the second financial upgradation under the Assured Career Progression Scheme with effect from 17.06.2006 on his completion of 24 years of service, this writ petition has been filed by the petitioner, seeking a direction to the respondents 1 to 3 to grant two ACP benefits to the next scales (pre-revised) in the hierarchy of promotion channel. (1) pre-revised scale of Rs.6500-10500 and (2) Rs.7450-11500 (pre-revised) on completion of 12/24 years of residency/regular service reckoned from 17.06.1982 by ignoring the 6 months of Temporary Service held as temporary LDC under Temporary Service’ Rules 1965 including arrears of pay and allowances. 2. It is the case of the petitioner, who was initially appointed as Lower Division Clerk in the Ministry of Home Affairs, Central Secretariat, New Delhi, on 05.02.1981 and subsequently, appointed as Steno Grade-D in the same Ministry on 30.04.1981, that he was transferred to the Office of the General Manager, Postal Accounts and Finance, Tamil Nadu Circle, Chennai, on 30.11.1981, as a fresh recruit. It is also the case of the petitioner that after passing the competitive examination, he was appointed to the post of 01.04.1987, he was promoted to the post of Senior Accountant and till date, he has been working in the said post. 3. It is the grievance of the petitioner that from 17.06.1982, the date of his first regular appointment, viz, Junior Assistant, he was granted only one promotion in 1987 as Senior Accountant and from 1987, he was not given promotion to the next higher post, and when he made a representation to the respondents to consider his case for grant of the benefit of the second financial upgradation under the Assured Career Progression Scheme, the same has been rejected by order dated 07.02.2006 and after completion of 24 years of service, the petitioner, again has made a representation to the authorities concerned and the same was also rejected, as per order dated 06.03.2007, against which, he filed O.A.No.261 of 2007 before the Central Administrative Tribunal. 4. 4. The Tribunal, on consideration of the facts and circumstances of the case, dismissed the original application by holding that the applicant/petitioner has not satisfied the condition laid down in the Assured Career Progression Scheme for the purpose of grant of second financial upgradation. Aggrieved by the said order, the present writ petition has been filed. 5. Heard the learned Counsel for the petitioner and the learned counsel for the respondents 1 to 3. 6. It is the contention of the learned counsel appearing for the petitioner that as per the Assured Career Progression Scheme, if any promotion is not given within first 12 years, the employee is entitled for the grant of benefit of the first financial upgradation under the Assured Career Progression Scheme and accordingly, within the period of first 12 years, that is, within 1993, the petitioner was given one promotion in the year 1987 as Senior Accountant, but no promotion was given to him in between 1993 and 2005, on which year, he has completed 24 years of service, and thus, the respondents 1 to 3 have committed an illegality in not extending the benefit of the second financial upgradation under the Assured Career Progression Scheme, which was also confirmed by the Tribunal. 7. On the other hand, it is stated in the counter affidavit filed by the respondents 1 to 3 that the petitioner, who has got two promotions, i.e., on 17.06.1982 as Junior Accountant and on 01.04.1987 as Senior Accountant, is not eligible for financial upgradation under the Assured Career Progression Scheme, 1999. 8. We have gone through the entire materials placed on record. On perusal of the records, we are of the considered opinion that the Tribunal has erroneously dismissed the original application on the ground that the petitioner has got two promotions from the date of his initial appointment, i.e., one on 17.06.1982 as Junior Accountant and the other as Senior Accountant on 01.04.1987. On a complete analysis of the entire materials placed on record, we are able to see that the petitioner was appointed on regular basis to the post of Junior Accountant with effect from 17.06.1982 and he was promoted to the post of Senior Accountant on 01.04.1987 and he is working as such till date. On a complete analysis of the entire materials placed on record, we are able to see that the petitioner was appointed on regular basis to the post of Junior Accountant with effect from 17.06.1982 and he was promoted to the post of Senior Accountant on 01.04.1987 and he is working as such till date. The scheme of Assured Career Progression has been introduced to boost the morale of the employees and ensuring them to get some monetary benefits, in case they get stagnated in one cadre for a period of 12 years without any promotion. In the case on hand, since the petitioner got his promotion from Junior Accountant to Senior Accountant within five years of his entering into service as Junior Accountant, the question of grant of any ACP for him for that period does not arise. However, it is seen from the records that the petitioner is serving in the cadre of Senior Accountant from the year 1987 i.e. for more than 20 years, without any further promotion. While such being the position, definitely, he is eligible for ACP in the cadre of Senior Accountant. 9. In view of the above, the order dated 19.06.2009, passed by the Central Administrative Tribunal, in O.A.No.261 of 2007, is set aside. The writ petition is allowed. However, there will be no order as to costs.