JUDGMENT : HON'BLE MR. JUSTICE DEEPAK ROSHAN The instant writ application has been preferred by the petitioner for the following reliefs:- “A) For quashing the order dated 07-12-2017 issued by the Dy. Director, H.R.D. (Ann.-4) B) The Respondents be directed not to give effect to the cancellation order dated 07-12-2017 and to act on the basis of the DPC clearance dated 18-01-2017 and to extend the benefit of 3rd Financial upgradation w.e.f. 04-08-2016. C) The Respondents be directed to extend the benefit of 3rd UCP i.e. PG 1 to PG 3 in the Grade pay of Rs. 5650/- w.e.f. 04-08-2016 in terms of the corporation O.M. dated 13-07-2015 read with O.M. dated 22-01-2016. D) The Respondents be directed to extend the benefits of 3rd UCP in terms of the office order dated 18-01-2017 and to pay all consequential benefits there on at par with the same and similarly situated persons. E) The Respondents be directed to pay all the consequential benefits of 3rd UCP w.e.f. 04-08- 2016 within a specified period. F) The Respondents be directed to refund the deducted amount of Rs. 1,93,602/- with statutory interest within a specified period.” 2. The brief facts of the case is that the petitioner was appointed on 29.11.1986 to the post of TGT at DVC+2 High School, Bokaro and accordingly he joined the post and in the year 1997 he was transferred from Bokaro to Panchayat and in the year 1998 he was again transferred to Chandrapura. After completion of 6 years of service, he was granted 1st UCP on 29.11.1992. The fact further reveals that when the petitioner was holding the post of TGT teacher at Bokaro, he was promoted from TGT to PGT vide order dated 04.08.1993. Further, after completion of 6 years to the post of PGT vide an order dated 04.08.1999, he was granted 2nd UCP and after completion of 9 years, he was granted the benefit of upgradation from 04.08.2008 and after completion of 12 years, he was given 3rd UCP from 04.08.2011 and finally he retired on 31.03.2017 on attaining the age of superannuation. In the meantime, on the basis of recommendation of the DPC dated 18.01.2017, the petitioner became entitled for financial upgradation as PGT-PG-III w.e.f. 04.08.2016. In the meantime, on the basis of recommendation of the DPC dated 18.01.2017, the petitioner became entitled for financial upgradation as PGT-PG-III w.e.f. 04.08.2016. Further, vide office order dated 18.01.2017, issued by Executive Director (HR) indicating therein about the DPC clearance in respect of Sr.No. 01 to 11 for re-desigantion/upgradation and directed to issue upgradation order and accordingly copy of the office order was considered by the concerned authority including for the Headmaster +2 High School, DVC, CTPS. In the said list the name of this petitioner was at Sr.No.1 who was recommended by the DPC for his financial upgradation from the post of PGT-II to PGT-PG-III under UCP and ten other names which were appearing from Sr.No. 2 to 11 were also recommended for financial upgradation. However, while the petitioner was waiting for 3rd UCP, an office memorandum dated 07.12.2017 was issued by the Deputy Director (HR) NT, wherein it was informed that the earlier DPC clearance vide order dated 18.01.2017 in respect of this petitioner as PGT PG-III has been withdrawn and the same was given overleaf. In the overleaf, it has been mentioned that as per review DPC held on 30.11.2017 based on decision of the competent authority recommendation in original DPC dated 16.01.2017 towards extension of financial upgradation as PGT PG-III under UCP in respect of this petitioner is hereby dropped. 3. Mrs. M.M.Pal, learned Sr. counsel appearing for the petitioner draws attention of this Court towards Annexure-2 series; especially the representation given to the CE & In-charge (HR), DVC Towers; wherein she has mentioned the details of the date when he joined and when the 3rd UCP as PGT-PG-III is due for implementation. She further referred to the letter dated 24.03.2017 and submitted that the then Deputy Director (HR) NT has informed the CE & HOP, DVC that ground for non-admissibility of financial upgradation of the petitioner-Headmaster, DVC+2 High School, CTPS is not found. She further referred a letter dated 30.03.2017; wherein the Chief Engineer-I & HOP DVC informed the Executive Director (HR) with regard to implementation of Financial Up-gradation in respect of the petitioner. Subsequently, by letter dated 22.11.2017 the General Manager (Finance) Manager (Finance) clarified the matter before the Sr. She further referred a letter dated 30.03.2017; wherein the Chief Engineer-I & HOP DVC informed the Executive Director (HR) with regard to implementation of Financial Up-gradation in respect of the petitioner. Subsequently, by letter dated 22.11.2017 the General Manager (Finance) Manager (Finance) clarified the matter before the Sr. Manager (Finance) so far as admissibility of 3rd MACP in the case of this petitioner; wherein it has been specifically mentioned that 3rd UCP claim of the petitioner may be settled in terms of DPC order dated 18.11.2017 holding the sequence mentioned therein and so far as 3rd UCP PGT-PG-III in grade pay of Rs. 5650/- is concerned; the same may be allowed in terms of office memorandum dated 13.07.2015 read with O.M. dated 22.01.2016. 4. Apart from referring those recommendations, learned Sr. counsel further draws attention of this court towards Annexure-6 which is an Office Memorandum (OM) dated 04.06.2008 and refers Clauses 2.3, Clause 5.1 and clause 6 and submits that in clause 2.3 it has been categorically stated that if a PGT is appointed as Assistant Head Master before completion of 12 years he/she will be entitled to get additional financial benefits as per DVC Rules. She lastly draws attention of this court towards Annexure-7 and submits that vide O.M. dated 22.01.2016 it was clarified that as per the OM dated 13.07.2012, the non-executive employee who have been given the benefit of two upgradation or less than two, in respect of the posts Group-B/C/D, are permitted to get three upgradation benefits from the grade pay Rs. 4400/- to grade pay 5400/- and from the grade pay of Rs. 5400/- to G.P. Rs. 5650/- and accordingly it was specified that from the upgradation from the grade pay of Rs. 4400/- to G.P. of Rs. 5400/- is 12 years; whereas the grade pay of Rs. 5400/- to 5650/- has been fixed as five years. Relying upon the aforesaid OM and the recommendation made by respective officers in favour of the petitioner she contended that the impugned order dated 07.12.2017; whereby the DPC clearance dated 18.01.2017 was withdrawn is non est in the eye of law and the respondens be directed to act on the basis of DPC clearance dated 18.01.2017 and pay the consequential benefits. 5. Mr. R.N.Sahay, learned Sr. counsel appearing for the DVC assisted by Mr. Prashant Kr. 5. Mr. R.N.Sahay, learned Sr. counsel appearing for the DVC assisted by Mr. Prashant Kr. Singh relying upon para 12 of the counter-affidavit submits that the petitioner has jointed DVC on 29.11.1986 as TGT in the pay scale of Rs. 4750-7900/-. As per existing UCP scheme he got upgradation as TGT PG-I in the pay scale of Rs. 5800-10480/- on 29.11.1992 after completion of 6 years in the initial scale. The petitioner got promoted to PGT and joined in the same scale of Rs 5800-10480/- on 04.08.1993. He got financial Upgradation as PGT PG-I to the scale of Rs.6400-11000/- w.e.f. 04.08.1999 i.e. after 6 years as PGT in terms of UCP OM dated 04.06.2008. (Anex-6). The petitioner got another financial Upgradation as PGT-PG-II to the scale of Rs.8000-13500 w.e.f 04.08.2011 i.e. after 12 years of joining as PGT-I in terms of UCP vide OM dated 04.06.2008. Subsequently, an OM dated 13.07.2015 was issued where third promotion was allowed for those candidates who has got two or lesser number of promotion. On the application of the petitioner, he was initially given the DPC clearance for 3rd UCP benefit from PGT in terms of OM dated 13.07.15; however, a letter enclosing a note was received from the project authority stating that he has already got three promotion and not eligible for third promotion from PGT as per OM dated 13.07.15. The matter was scrutinized and it was found to be correct. The petitioner already got first promotion from TGT to PGT on 04.08.1993. Thereafter, he got two more promotions under UCP on 04.08.1999 and 04.08.2011. Hence, he has already got 3 promotions therefore is not eligible for third financial upgradation. 6. He lastly submits upon instruction that the petitioner was never appointed as headmaster and as such Clause 2.3 of O.M. dated 04.06.2008 will not be applicable in the case of this petitioner. 7. Having heard learned counsel for the parties and after going through the documents annexed with the respective affidavits and the averments made therein it appears that in the OM dated 04.06.2008 (Annexure-6) it is clearly mentioned that the PGTs who are in the scale of Rs. 5000-10480/- shall get their first higher scale of Rs. 5400-11000/- with promotional benefits on completion of 5 years, thereafter they would be entitled to the next higher pay scale of Rs. 5000-10480/- shall get their first higher scale of Rs. 5400-11000/- with promotional benefits on completion of 5 years, thereafter they would be entitled to the next higher pay scale of Rs. 8000-13500/- and only on completion of 12 years of services from the date of joining in the scale of Rs.6400-11000/-. However, if a PGT is appointed as Assistant Head Master or Head Master before completion of 12 years, he or she shall be entitled to get additional financial benefits as per DVC Rules. It further appears that in the OM dated 04.06.2008, it is clarified that in case of change of cadre/came to a cadre either by way of selection through Departmental examination or through interview process will also get their U.C.P. benefits as per the Scheme for the service rendered in the erstwhile cadre as applicable up to the scale not higher than the scale they have switched over and thereafter they would be entitled to U.C.P. benefits. 8. It further appears that the petitioner initially joined as Graduate teacher in the year 1986 vide order dated 29.11.86 and after completion of 06 years of his service on TGT grade, he was granted 1st U.C.P. according to the Rules thereafter when he was promoted from the post of TGT to PGT vide order dated 04-08-1993 and by virtue of his promotion to the post of Post Graduate Teacher(PGT) his cadre was changed. The petitioner was promoted to the post of Graduate Trained Teacher (TT) vide order dated 04.6.1993 after due selection and the PGT post is a regular promotional post in which he was promoted after due selection i.e. after following the procedure to fill up the promotional post. The petitioner was promoted to the post of Graduate Trained Teacher (TT) vide order dated 04.6.1993 after due selection and the PGT post is a regular promotional post in which he was promoted after due selection i.e. after following the procedure to fill up the promotional post. After completion of 06 years in the post of PGT, he was again granted 2nd UCP and after completion of 09 years he was given the benefit of upgradation i.e. stagnation benefits on and from 04.8.2008 and after completion of 12 years in the PGT cadre he should have been given the benefits of 3rd UCP on and from 04.8.2011 and in terms of the OM dated 04-06-08 his 3rd UCP was due on and from 04.8.2016 in the PGT cadre for which DPC was held and his name was recommended for his financial upgradation as PGT-PG III and on the basis of the DPC clearance the Office Order dated 18.1.2017(Annexure-1) was issued with the approval of the competent authority. 9. The earlier DPC clearance has been cancelled on a wrong notion, inasmuch as, while cancelling the DPC clearance dated 18.01.2017, the competent authority has failed to appreciate that in terms of the OM dated 13th July 2018 the Non-executives who have since been allowed 2 (two) or less number of upgradations have been allowed to get 03 (Third) Financial upgradation from the date of entry into the respective cadre or substantive group B or C/D and it was further clarified that they will not be allowed the scale of Rs.10000-15700/-(Pre-revised) and the upgradation will be as per existing promotional channel of respective cadre and the period of upgradation shall be similar to other cadres who have already got the benefit of 03 or more upgradations and the pay scale be fixed notionally. 10. Lastly, the statement of the learned Sr. Counsel for the respondents that the petitioner was never appointed as Asst. Headmasters or Headmaster and as such Clause 2.3 of O.M. dated 04.06.2008 will not be applicable in the case of this petitioner; is factually incorrect which is apparent from Annexure-1 and 2 series which are the documents of the respondents wherein it is clear that the petitioner was Asst. Headmaster and as per Clause 2.3 of O.M. dated 04.06.2008, wherein it is categorically indicated:- “However, if a PGT is appointed as Asst. Headmaster and as per Clause 2.3 of O.M. dated 04.06.2008, wherein it is categorically indicated:- “However, if a PGT is appointed as Asst. Head Master or Head Master before completion of twelve years he/she shall be entitled to get additional financial benefits as per Rules. Annexure-C”. In view of this specific stipulation, the petitioner is entitled for additional financial benefits. 11. In view of the aforesaid discussions, it is quite apparent that in view of OM dated 04.06.2008 and different Rules, order dated 07.12.2017 issued by the Deputy Director, HRD is not in consonance with the rules and as such, the same deserves to be and is, hereby, quashed and set aside. The respondents are directed to act upon on the basis of DPC clearance dated 18.01.2017 and extend the benefit of 3rd Financial Upgradation w.e.f. 04.08.2016 and all consequential reliefs thereof. 12. Accordingly, the instant writ application stands allowed. Pending I.A. if any also stands disposed of.