UNION OF INDIA (UOI) Vs. RAM SINGH

JUDGEMENT

(1.) Though the decision impugned before us is a little hazy, but the conclusion arrived at is legally correct.

(2.) The ACP scheme applicable requires a financial up gradation to either the scale of pay in the promotional post immediately above and if there is no promotional post, in the pay-scale immediately above.

(3.) It is not in dispute that the Respondent was employed as a Library Clerk and was deputed to serve in the Department of Agricultural and Cooperation, which is under the direct supervision and control of the Ministry of Agriculture, in fact, is a Department of the said Ministry. The pay-scale in which Respondent was placed was S-5 i.e. 3,050-4,590. It is also not in dispute that the next above pay-scale i.e. S-6 was 3,200-4,900. It is also not in dispute that no post of Library and Information Assistant existed in the Department of Agriculture and Cooperation, but said post existed in other Ministries as also other departments of the Ministry of Agriculture. It is also not in dispute that the pay-scale of Library and Information Assistant was in the pay-scale of 5000-8000. It is also not in dispute that the Respondent became entitled to financial up gradation and treating the post of a Library Clerk as an isolation post, the department upgraded his pay in the scale 3,200-4900.