UNION OF INDIA Vs. SH. RAGHUBIR SINGH

JUDGEMENT

(1.) THE challenge in the Writ Petition is to the order dated 30.07.2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 536/2009, whereby the O.A. filed by the respondent herein was allowed. The challenge in the O.A. was to the communication dated 04.07.2008 issued by the petitioner rejecting the request of the respondent for grant of benefits under the ACPS.

(2.) THE brief facts are that the respondent was appointed as a Rakshak in Railway Protection Force (RPF) on 30.03.1968 in the grade of Rs.70-85. He was medically de-categorized. Pursuant thereto, he was appointed as Khallasi on 20.04.1979 in the grade of Rs.196-232. On 04.09.1986, he was promoted as Recorded Sorter in the grade of Rs.210-270. He was further promoted as Record Lifter in the grade of Rs.225-308 with effect from 08.02.1987 and finally as Senior Record Lifter in June, 1996, in the grade of Rs.950-1400, which was revised by the 5th Pay Commission to Rs.3050-4590. It may be relevant to note here that the pay of Rakshak was revised by the 5th Pay Commission to Rs.3050-4590.

(3.) PURSUANT to the recommendation of the 5th Pay Commission, the Government had issued instructions for grant of financial upgradation under the Assured Carrier Progression Scheme. An order dated 19.01.2007 was passed by the petitioner whereunder the request of the respondent for grant of financial upgradation was turned down on the ground that the circular issued by the DoP&T in 2001 has no applicability. The respondent challenged that order in O.A. No.950/2007. The O.A was allowed and the petitioners were directed to pass a fresh order dealing with all the contentions of the respondent. This direction of the Tribunal resulted in a communication dated 04.07.2008, addressed to the respondent from the office of the Divisional Railway Manager being passed, whereby the request of the respondent for grant of benefits under the ACPS was again rejected. It is the case of the respondent that he is entitled to the first financial upgradation in the grade of Rs.4500-7000 and second financial upgradations in the grade of Rs.5000-8000 after 12 and 24 years of service respectively.