VIJAY LAKSHMI BHALLA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner impugning the order dated 02.05.2008 passed by the Central Administrative Tribunal, Principal Bench (hereinafter referred to as 'the Tribunal') dismissing O.A. No.1234/2007.

(2.) The said Original Application was filed by the petitioner seeking grant of promotion to the grade of Whole Time Lady Officer (WTLO) and also benefit of second financial upgradation under the Assured Career Progression Scheme (ACP Scheme) which was turned down by the respondents vide order dated 08.09.2004 passed by them. It was the case of the petitioner that while period of her contractual appointment was counted by the respondents towards pension, the said period was not considered for the grant of benefit under the ACP Scheme as well. It has been submitted that had the period of contractual appointment been considered from 1969, the petitioner would have been entitled for the grant of second financial upgradation.

(3.) The respondents, while opposing the Application contended that as per the version of the petitioner, she joined the NCC in the grade of Sergeant Major Instructor (SMI) on 26.05.1969 on contractual basis and her services have been regularized only w.e.f. 24.01.1981. As such she was not in regular service from 1969 to 1981 and for that reason she was not qualified for the grant of second ACP benefits.