SHRI KUMAR BAJAJ Vs. U.O.I

JUDGEMENT

(1.) THE challenge in this writ petition is to the order dated October 17, 2001 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in Original Application No.2852/2001, whereby the Tribunal had dismissed the Original Application filed by the petitioners herein.

(2.) THE short question that arises for our consideration is whether the petitioners are entitled to the benefit of Second Financial Upgradation in the absence of their possessing the essential educational qualification for the next higher post of Milk Distribution Officer which is in the grade of Rs.6500-10500.

(3.) THE issue only relates to the grant of second financial upgradation which under the said scheme was given after completion of 24 years of service. It is not in dispute that the same has been denied to the petitioners. According to them, some of them have put in 30 years of service. The respondent No.1 i.e. Delhi Milk Scheme has issued an order dated February 22, 2001, wherein it is inter-alia stipulated that the second ACP in the grade of Rs.6500-10500 attached to the post of Milk Distribution Officer shall be granted subject to the condition that Cash Clerks who possesses the essential educational qualifications of degree from a recognized University as per the Recruitment Rules.