UNION OF INDIA Vs. B M MALLAPPA

JUDGEMENT

(1.) The petitioners have challenged the order dated 1st May, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.2004 of 2008 titled Sh.B.M.Mallappa v. Union of India through the Secretary, Department of Culture, whereby the Original Application of the petitioner seeking second stage financial upgradation under ACP Scheme in the pay scale of Rs.14300 18300 from the date the petitioner had completed 24 years of service with all consequential arrears was allowed.

(2.) The petitioners had rejected the demand of the respondent for grant of ACP second stage financial upgradation in the pay scale of Rs.14,300-18,300 by order dated 9th September, 2008 on the basis of alleged clarification No.56 of the ACP Scheme which order was challenged by the respondent.

(3.) The Tribunal noticed that similar and identical issue was raised before the Tribunal in another Original Application titled S.C. Bhalla v. Union of India and another decided on 12th April, 2005 holding that a clarification would not supersede the main Scheme of ACP and therefore, allowed the Application for grant of financial upgradation in the scale. The decision dated 12th April, 2005 was challenged by the petitioners in the High Court of Delhi, however, the order was upheld in W.P. (C.) No.14708-09/2006 by order dated 3rd September, 2007. In view of the aforementioned and relying on the order of the Tribunal in case of S.C. Bhalla (supra), it was held that the respondent shall also be entitled for similar benefit.