JUDGMENT : Harinder Singh Sidhu, J. By filing this Execution Application, Kamal Kumar Gadi applicant/ petitioner has sought execution of the order dated 06.02.2018 (Annexure P-20) passed by this Court in CWP No.20519 of 2015, which reads as under:- "This writ petition has been filed by the petitioner seeking intervention in the order dated 06.08.2015 (Annexure P-6) of the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, which has negated his claim for grant of second ACP after completion of 24 years of service w.e.f 09.08.1999 in accordance with the ACP scales. After hearing learned counsel for the parties, we are of the opinion that issue is no longer res integra. Similar controversy has been decided by the High Court of Rajasthan at Jodhpur in Madhu Misra v. Union of India and another with connected matters passed in DB Civil Writ Petition No.2742 of 2012, decided on 10.04.2017, wherein it has been noticed in para no.6 as follows:- "6. The Recruitment Rules pertaining to the Junior Engineers of (B&R) and (E&M) were amended vide SRO dated June 2, 2004 published in the Gazette of India on July 10, 2004 and came into effect with effect from the same date. Similar amendment was also made to the Recruitment Rules pertaining to Surveyors of Works Cadre by SRO 18 dated February 17, 2005 published in the Gazette of India on March 12, 2005. It came into force on the same date. After the amendment of the Recruitment Rules, vide office memorandum dated February 21, 2006, respondents granted second ACP with effect from the date of the Notification dated July 10, 2004 to the diploma holder AEs who have been promoted after July 9, 1991, subject to the fulfilling of the necessary eligibility criteria including 24 years regular service. Further, it was decided that the second ACP be granted to the eligible diploma/degree holder Assistant Engineers/Junior Engineers who have completed 24 years of eligible service with effect from August 9, 1999 instead of July 10, 2004. This decision was taken vide office memorandum dated March 14, 2007. Further, it was decided that the second ACP be granted to the eligible diploma/degree holder Assistant Engineers/Junior Engineers who have completed 24 years of eligible service with effect from August 9, 1999 instead of July 10, 2004. This decision was taken vide office memorandum dated March 14, 2007. Accordingly, the respondents superseded Appendix-A to the office memorandum dated January 23, 2002 by granting second ACP to the Junior Engineers in the scale of Rs.10000-325-15200 on completion of 24 years of service as on August 9, 1999, or whichever was later, and also superseded AppendixB/1 to the letter dated November 1, 2004 and allowed second ACP benefit to the Junior Engineers (QS&C) with effect from February 17, 2005. As a result, except the writ petitioners who were eligible and were granted the second ACP benefit prior to February 17, 2005, all others were granted the second ACP benefit in the pay scale of 10000-325-15200. The petitioners were granted ACP benefit in the pay scale of Rs.8000-225- 13500." This judgment has attained finality as the SLP against it stands dismissed which is also the stand of the official respondents in view of the communication dated 18.12.2017 placed on record as Mark x. In view of the above, the present writ petition is allowed in terms of the abovesaid judgment of the High Court of Rajasthan at Jodhpur which has held the writ petitioner's therein entitled to the second ACP in terms of the scheme after completion of 24 years of service w.e.f 09.08.1999. The financial benefits accrued to the petitioner be released to him forthwith but not later than two months from the date of receipt of certified copy of this order." 2. The petitioner holds a Diploma in Civil Engineering. He had joined Military Engineering Services (MES) on 16.03.1967 in Group 'C' and was at the entry grade of Surveyor cadre i.e. Junior Engineer when Assured Career Progression (ACP) Scheme was introduced on 09.08.1999. He was granted 2nd Financial up-gradation under ACP Scheme vide letter dated 15.09.2011 in the pre-revised pay scale of Rs.8,000-275-13,500 upto 17.05.2005 and Rs.10000-325-15200 from 18.02.2005 onward. 3. He filed OA No. 060/01097/2014 seeking the following relief: "8(i) The impugned order dated 12.03.2014 (Annexure A-1) passed by respondent No.3 be set aside. He was granted 2nd Financial up-gradation under ACP Scheme vide letter dated 15.09.2011 in the pre-revised pay scale of Rs.8,000-275-13,500 upto 17.05.2005 and Rs.10000-325-15200 from 18.02.2005 onward. 3. He filed OA No. 060/01097/2014 seeking the following relief: "8(i) The impugned order dated 12.03.2014 (Annexure A-1) passed by respondent No.3 be set aside. (ii) The respondents be directed to grant the benefit of 2nd ACP of the scale of Rs.10,000-15,200 to the applicants w.e.f. 09.08.1999 as the applicant had completed more than 24 years of service much prior to 09.08.1999 and had not secured any promotion. (iii) The respondents be further directed to re-calculate the retiral benefits of the applicants after re-fixing their pay after granting the actual financial benefits and release the same with interest." 4. The OA was disposed of vide order dated 6.8.2015. It was held that the claim of the applicant to be granted the benefit of 2nd ACP of Rs.10,000-325-15200 w.e.f., 09.08.1999 is inadmissible. 5. Against that order he filed the CWP No.20519 of 2015 which was disposed of vide the order extracted above. The writ petition was allowed in terms of the judgment of the High Court of Rajasthan in Madhu Misra v. Union of India and another with connected matters passed in DB Civil Writ Petition No.2742 of 2012, decided on 10.04.2017. The writ petitioners therein were entitled to the second ACP in terms of the scheme after completion of 24 years of service w.e.f., 09.08.1999. The financial benefits accrued to the petitioner were directed to be released to him not later than two months from the date of receipt of certified copy of this order. 6. In the compliance affidavit dated 18.12.2008 filed on behalf of the respondents it has been stated that immediately on receipt of the order dated 06.02.2018 in the office of HQ CE Chandigarh Zone on 23.02.2018 the process of implementation thereof was started. The following steps/procedures were required to be taken: "(a) Case of the employee has to be sent to the Ministry of defence with documents through proper channel for sanction of Government. (b) Once sanction is granted by the Govt., D.P.C. has to be conducted for grant of 2nd financial up-gradation under the ACP Scheme. (c) After approval from DPC, the draft pay fixation performa has to be submitted to Central Record Office (CRO) for getting pay fixation of the employee. (b) Once sanction is granted by the Govt., D.P.C. has to be conducted for grant of 2nd financial up-gradation under the ACP Scheme. (c) After approval from DPC, the draft pay fixation performa has to be submitted to Central Record Office (CRO) for getting pay fixation of the employee. (d) Once the pay fixation is made by the CRO, case is sent to Principal Controller Defence Accounts (PCDA) for payment of arrears of pay and leave encashment of the employee. (e) Once the pay fixation is finalized, the case is sent to PCDA (Pension) Allahabad for revision of pension. (f) After the pension is revised, the revised PPO is sent to the concerned bank for payment of arrears and revised pension. 7. The steps taken by the respondents were detailed as under: "xxx xxx xxx Accordingly the case of the petitioner was submitted to the Ministry of Defence/DOP&T for Government sanction. After sanction of Government was received vide letter dated 20.08.2018 Annexure R-1, the case was sent to E1(DPC) and the meeting of DPC was conducted and approval of DPC issued on 23.10.2018 for review of the Court cases and to amend the panel of Officers/ Engineers for grant of 2nd ACP to the applicant in the pay scale of 10,000/--325-15,200/- w.e.f. 09.08.1999 and amendment to the panel for grant of 2 nd ACP to the petitioner was issued vide letter dated 23.10.2018 copy of which is being enclosed herewith as Annexure R-2. 4. That after issuing letter for amendment of the panel for grant of 2nd ACP the case of the petitioner was sent to CRO for pay fixation vide letter dated 05.11.2018 Annexure R-3. 5. That the approval for grant of 2nd ACP to the petitioner was received from the Central Record Office vide letter dated 12.12.2018 Annexure R-4 with statement of fixation of pay of the petitioner on grant of 2nd ACP. 6. That the office of HQ Chief Engineer Chandigarh Zone immediately referred the case of the petitioner vide letter dated 13.12.2018 to the PCDA, Western Command, Sector-9-C, Chandigarh with all the requisite necessary documents are issuance of payment order/cheque for the amount becoming due on account of arrears of different of pay with request to take the case on priority. A copy of the letter dated 13.12.2018 written to the PCDA is being attached as Annexure R-5. A copy of the letter dated 13.12.2018 written to the PCDA is being attached as Annexure R-5. For this purpose pay of the petitioner had to be revised for every month w.e.f. August, 1999 till the date of retirement i.e. 30.09.2007 and the calculations had to be made and got rechecked and audited to finalize the same. A copy of the statement of calculations made by the HQ office. In this regard is being attached as Annexure R-6. 7. That the office of PCDA Western Command, Sector-9-C, Chandigarh prepared and forwarded the data sheet for grant of revision of pension and gratuity to the petitioner to the PCDA (Pension), Draupadighat, Allahabad vide letter dated 14.12.2018 along with the data. Simultaneously, an amount of Rs.99,794/- was sent to the Bank vide Cheque No.000137 dated 14.12.2018 Annexure R-7 which was further transferred by RTGS dated 15.12.2018 Annexure R-8 by the Bank to the account of arrears of difference of pay on account of refixation w.e.f. August 1999 to 30.09.2007. 8. That now the case of the petitioner has been forwarded to the PCDA (Pension), Draupadghat, Allahabad vide PCDA (WC) Chandigarh letter dated 14.12.2018 Annexure R-9, and the pension of the petitioner is shortly going to be re-fixed in his revised pay scale and the arrears becoming due on that account are to be computed after issuance of revised pension payment order (PPO) in favour of the petitioner." 8. Annexure R-4 which details the fixation of pay of the petitioner on grant of ACP is extracted below: CENTRAL RECORD OFFICE (OFFICERS), E-IN-C/E1B, DELHI CANTT-10 STATEMENT OF FIXATION OF PAY ON PROMOTION/GRANT OF ACP/MACP IN RESPECT OF CIVILIAN OFFICERS 1. Name of unit/formation HQ CE Chandigarh Zone, Chandigarh 2. MES No. & Name MES-308868 Sh Kamal Kumar Gadi 3. Existing post held AEE(QS&S) (Retd on 30.09.07) 4. Existing Pay Band & Gde Pay 6500-200-10500 5. Basic Pay last drawn in the existing scale 9500 (SB Part-III, Pg No- 20)(01.01.99) 6. Post to which promoted/placed 2nd ACP 7. Date of promotion/ placement 09.08.1999 8. Pay Band/ Scale & Grade Pay of the higher post to which promoted 10000-325-15200 9. Existing post held AEE(QS&S) (Retd on 30.09.07) 4. Existing Pay Band & Gde Pay 6500-200-10500 5. Basic Pay last drawn in the existing scale 9500 (SB Part-III, Pg No- 20)(01.01.99) 6. Post to which promoted/placed 2nd ACP 7. Date of promotion/ placement 09.08.1999 8. Pay Band/ Scale & Grade Pay of the higher post to which promoted 10000-325-15200 9. Pay to be fixed on 09.08.99: (a) Pay as per Col 5 above 950/- (i) Pay to be fixed w.e.f. 09.08.99 in the stage above in higher pay scale Rs.10000-325-15200 10000/- (wef 09.08.99) (b) Pay to be fixed on accrual next increment (i.e. 01.01.2000) Court Case : CWP No.20519 of 2015 (O&M) dt. 6.2.18 Hon'ble High Court of Punjab and Haryana, Chandigarh Pay Fixation concurred @ Rs.10,000/- wef 9.8.99 and refixed @ Rs.10,000/- wef 01.01.00 in the Pay Range of Rs.10,000-325-15200 in level ................. Cell ..................... With D.N.I. On 01.01.01 Provided as non-qualifying service intervence. Sd/- sd/- sd/- ADR/Sr.Adv AAO AC/SAO (i) Pay as on 01.01.2000 9500/- (ii) One increment additional 200/- (iii) Add one increment on a/c of promotion/ ACP 200/- (iv) Total (i + ii + iii) 9900/- (d) Pay to be fixed on accrual of next increment in higher pay scale Rs.10000-325-15200 10000/- (minimum) 10. Date of next increment 01.01.2001 9. The petitioner in his additional affidavit dated 4.2.2019 has stated that the action of the respondents in fixing the pay of the petitioner from Rs.9500/- to Rs.10,000/- as on 09.08.1999 in the scale of Rs.10000- 325-15200 without upgrading it to the scale of Rs.8000-275-13500 is not in accordance with the provision of the ACP Scheme and as such not in compliance of the order dated 6.2.2018. It is his contention that having completed 24 years of service before 9.8.1999 when the ACP scheme was introduced, the petitioner became eligible for benefits of 2nd ACP directly from 9.8.1999 as per condition No.15 of the ACP Scheme. As per clarification No.17 in the Office Memorandum dated 10.2.2000 of the Department of Personnel and Training the direct second financial upgradation is to be granted by upgrading the existing pay to the pay of first financial upgradation in the first promotional hierarchy and then to the second promotional hierarchy. On 9.8.1999 the petitioner was drawing pay of Rs.9500/- in the scale of Rs.6500-200-10500. He asserts that the pay scale of the first promotional post was Rs.8000-275-13500. On 9.8.1999 the petitioner was drawing pay of Rs.9500/- in the scale of Rs.6500-200-10500. He asserts that the pay scale of the first promotional post was Rs.8000-275-13500. Therefore, compliance with the order dated 6.2.2018 of this Court required that the pay of the petitioner on 9.8.1999 of Rs.9500/- in the scale of Rs.6500-200- 10500 was required to be first upgraded to the scale of Rs.8000-275-13500 and then to be refixed in the scale of Rs.10000-325-15200. 10. Clauses 15 of the ACP Scheme and Clause 17 of the Office Memorandum dated 10.2.2000 are as under: "CONDITIONS FOR GRANT OF BENEFITS UNDER THE ACP SCHEME: xxx xxx xxx 15. Subject to Condition No. 4 above, in cases where the employees have already completed 24 years of regular service, with or without a promotion, the second financial upgradation under the scheme shall be granted directly. Further, in order to rationalise unequal level of stagnation, benefit of surplus regular service (not taken into account for the first upgradation under the scheme) shall be given at the subsequent stage (second) of financial upgradation under the ACP Scheme as a one time measure. In other words, in respect of employees who have already rendered more than 12 years but less than 24 years of regular service, while the first financial upgradation shall be granted immediately, the surplus regular service beyond the first 12 years shall also be counted towards the next 12 years of regular service required for grant of the second financial upgradation and, consequently, they shall be considered for the second financial upgradation also as and when they complete 24 years of regular service without waiting for completion of 12 more years of regular service after the first financial upgradation already granted under the Scheme." xxx xxx xxx "Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) New Delhi February 10, 2000 "Subject:- ASSURED CAREER PROGRESSION SCHEME FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES CLARIFICATIONS REGARDING xxx xxx xxx S.No. Point of doubt Clarification 17 An employee who has completed 24 years of service is to be allowed two upgradations directly. What will be the mode of fixation of pay of the employee? The following illustration shall clarify the doubt: An incumbent in the payscale of Rs.4000- 6000/- (S-7) has put in 24 years of regular service without a regular promotion. What will be the mode of fixation of pay of the employee? The following illustration shall clarify the doubt: An incumbent in the payscale of Rs.4000- 6000/- (S-7) has put in 24 years of regular service without a regular promotion. The incumbent shall be allowed two upgradations i.e. to S- 8 and S-9. His pay shall first be fixed in S-8 and then in S-9. Pay fixation directly from S-7 to S-9 shall not be allowed. xxx xxx xxx" 11. There appears to be merit in the contention of the petitioner. 12. The prayer of the petitioners in Madhu Misra's case is contained in paragraph 3 of the said judgment which is as under:- "3. Relevant facts to be noted are that the petitioners were claiming second financial up gradation under the Assured Career Progression Scheme (hereinafter referred to as 'ACP Scheme') on completing 24 years of service with effect from August 9, 1999 or whichever date is later when they completed 24 years service and desired to be upgraded in the scale Rs. 10000-325-15500." The relief as in paragraph 12 and 13 reads: "12. The view taken by the Jodhpur Bench of the Central Administrative Tribunal in para 6 of its decision that if the relief is granted it would amount to a second beneficial up gradation is patent erroneous. The petitioners are not claiming double benefit of the ACP Scheme. They are only claiming to be placed in the pay scale of Rs. 10000-15000 and not Rs. 8000-13500. 13. The petitions are accordingly allowed. The respondents are directed to revise the pay scale of the petitioners and grant second ACP benefits to the petitioners in the pay scale of Rs. 10000- 15200 from the date when they completed 24 years of service or with effect from August 9, 1999, whichever date is later. Consequential benefits shall ensue." 13. Cwp No.20519 of 2015 filed by the petitioner was disposed of in terms of the judgment of the High Court of Rajasthan in Madhu Misra's case. Other than directing that the petitioners be granted second ACP benefits in the pay scale of Rs.10000-15200 from the date they completed 24 years of service or 09.08.1999 (which ever is later) that judgment is silent about the mode of such fixation. In the absence of any specific direction the mode of fixation ought to be as per the ACP Scheme. 14. In the absence of any specific direction the mode of fixation ought to be as per the ACP Scheme. 14. Clause 17 of the OM dated 10.2.2000 deals with the mode of fixation of pay of an employee who has completed 24 years of service and who is to be allowed two up-gradations directly. As the petitioner has been allowed the 2nd ACP benefits after having completed 24 years of service without any promotion, his case would be covered by Clause 17 of the Office Memorandum dated 10.2.2000. His pay is liable to be fixed in the manner and mode provided for therein. The petitioner in his additional affidavit has stated that the fixation of pay by the respondents results in less fixation of pension, gratuity, leave-encashment, etc. Though he has not given the details as to how the pension, gratuity, etc. would be less but that would be immaterial because we are concerned with the mode and manner in which the pay is to be refixed as per the ACP Scheme. 15. Accordingly it is directed that the pay of the petitioner be refixed in the mode as prescribed in Clause 17 of the OM dated 10.02.2000. This be done within a period of two months and the consequential arrears, if any, be paid to him within one month thereafter. 16. As regards the payment of the consequential financial benefits to the petitioner, in paragraph 7 and 8 of the compliance affidavit filed by the respondents it has been stated that the case of grant of revision of pension and gratuity to the petitioner has been sent to the PCDA (Pension), Draupadighat, Allahabad vide letter dated 14.12.2018. The pension of the petitioner will be re-fixed shortly in his revised pay scale and the arrears becoming due on that account will be computed after issuance of revised pension payment order (PPO). The respondents are directed to do the needful within a period of four weeks from today. 17. If the re-fixation of his pay in terms of Clause 17 of the Office Memorandum dated 10.2.2000 results in further revision of his pay than already fixed, the necessary revision of pension and gratuity be made and the arrears, etc. be paid to him within four weeks thereafter. 18. The other prayer in the Execution Application regarding interest on delayed payments pertains to the directions in OA No.060/001064/2014 decided on 6.8.2015. be paid to him within four weeks thereafter. 18. The other prayer in the Execution Application regarding interest on delayed payments pertains to the directions in OA No.060/001064/2014 decided on 6.8.2015. It would be open to the petitioner to enforce/execute the same separately. 19. This Execution Application is disposed of accordingly.