KRISHAN KUMAR Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) THE petitioner is aggrieved by an order of the Central Administrative Tribunal (CAT) dated 07.05.2007 in O.A. No. 1711/2006. In the application, he urged that denial of second financial upgradation in the pay scale of Rs.6,500 -10,500/ - was contrary to the Assured Career Progression Scheme (ACP) applicable to the Government of National Capital Territory of Delhi ("GNCTD") employees.

(2.) THE brief facts are that the petitioner was appointed as Workshop/Laboratory Attendant by the GNCTD on 11.01.1973. He was subsequently promoted as Laboratory Assistant on 12.03.1993 in the revised pay scale of Rs.4,000 -6,000/ -. He was subsequently placed in the pay scale of Rs.5,000 -8,000/ - on 23.09.1999. The ACP scheme was introduced with effect from 09.08.1999. The petitioner complained that two of his juniors - Rajinder Kumar and Bharat Tiwari were granted second financial upgradation in the pay scale of Rs.6,500 -10,500/ - from the grade of Rs.5,000 -8,000/ - on 14.09.2001 under the ACP scheme. He represented to the respondent authorities, claiming that he should be given similar benefit. Upon the respondent 's denial of his entitlement, he approached the CAT with an application.

(3.) THE petitioner contends - and his counsel urges - that the CAT 's findings with respect to the grant of second promotion was, in the facts of this case, erroneous. It was submitted that the petitioner 's first promotion was as Laboratory Assistant on 12.03.1993. For that post, the requisite qualifications were ''matriculation with science subject ''. The petitioner undoubtedly was possessed of this qualification; his juniors were not so qualified. However, they were promoted as Workshop Inspectors in the higher pay scale of Rs.5,000 -8,000/ -. Upon the GNCTD being made aware of this anomaly of unqualified juniors being granted a more favourable treatment, the petitioner was also granted the same pay scale of Rs.5,000 -8,000/ -.