OM PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE short question which arises for our consideration is, whether the petitioner is entitled to the second upgradation under the Assured Career Progression Scheme to the grade of Upper Division Clerk?

(2.) THE claim of the petitioner has been rejected by the Tribunal inter alia holding that the petitioner got in situ promotion to the post of Lascar (Tindal) and thereafter to the post of Lower Division Clerk and in terms of clarification dated February 10, 2000, the petitioner has no case.

(3.) VIDE order dated March 05, 2002, upon completion of 24 years service the petitioner was granted the benefit of Assured Career Progression Scheme with effect from August 09, 1999 and was placed in the pay scale of Rs.4000 -6000 which was sought to be withdrawn when an intimation dated February 20, 2004 was sent informing that the ACP scheme benefit was wrongly granted in view of the fact that the petitioner had already been granted two promotions : from Lascar to Lascar (Tindal) and therefrom to a Lower Division Clerk. Petitioner responded pointing out that his colleagues similarly placed were granted placement in the pay scale Rs.4000 -6000. The respondents withdrew the benefit granted. OA No.91/2006 filed by the petitioner was disposed of by the Tribunal with a direction that a reasoned decision be taken. The petitioners took a reasoned decision on December 13, 2006 which was challenged vide OA No.2265/2007. The same was dismissed vide order dated August 11, 2008. Review filed there against has been dismissed.