UNION OF INDIA AND ORS. Vs. N. SATHEESAN

JUDGEMENT

(1.) This writ petition is filed against the order dated 10.2.2011 passed in O.A.No.264/2009 on the file of the Central Administrative Tribunal, Bangalore, allowing the application of the respondent herein, thereby granting the benefit of first financial upgradation in the pay scale of Rs.6,500 10,500/- w.e.f. 17.7.2004 and second financial upgradation under Assured Career Progression scheme (Hereinafter referred to as 'the ACP') in the pay scale of Rs.8,000/- - Rs.13,500/- w.e.f. 3.8.2005.

(2.) The brief facts of the case are :-

(3.) The Government of India, as per the 5th Central Pay Commission recommendation introduced a scheme of ACP which provides for financial upgradations for those employees, who do not get any promotions after 12 years and 24 years of regular service respectively. In pursuance of the said scheme, the applicant got the benefit of first financial upgradation w.e.f 9.8.1999 in terms of the order dated 9.3.2000. Some of the Investigators, who were juniors to the applicant got second financial upgradation benefit on completion of 24 years of service by an order dated 28.3.2002. It is further case of the applicant that the second financial upgradation under ACP have been given to the investigators similarly situated to that of the applicant. However, the applicant has not been given the said benefit even though he has completed 24 years of regular service on 3.8.2005. The applicant was given the only pay scale of first financial upgradation i.e., the scale prescribed for the post of Small Industries Promotion Officer. Subsequently, during the year 2004 the pay scale of Small Industries Promotion Officers' was revised from Rs.5,500/- - 9,000/- to Rs.6,500/- - 10,500/-. The said post of Small Industries Promotion Officer has been re-designated as Asst. Director Grade II on 23.9.2004. In view of the re-designation of Small Industries Promotion Officer as Asst. Director Grade II, some of the juniors to the applicant have been given the said pay scale of second financial upgradation under ACP.