UNION OF INDIA Vs. T.R. SHARMA

JUDGEMENT

(1.) C.M. NO. 9745/2014 (for exemption)

(2.) THE Union of India, Department of Posts claims to be aggrieved by the impugned order of the Central Administrative Tribunal (CAT) dated 26.04.2013 in O.A. No.2651/2012.

(3.) IT was urged on behalf of the UOI that the ACP scheme benefits are premised upon the incumbent fulfilling the necessary eligibility conditions, including the educational qualifications stipulated in the rules. Learned counsel highlighted that in terms of Entry -4 of the Schedule IV Part -II to the 1994 Rules read with Rule 7(4), the senior time scale Executive Engineers could be promoted to the extent of 50% from AEE (erstwhile AEs) on the basis of seniority -cum -fitness and 50% on the basis of 8 years' regular service in the grade, provided they possessed a degree in engineering or equivalent. It was argued that the note appended to the Rule was applicable only to the incumbent AEs (AEEs) and that since the respondents/applicants were not incumbents as on the date the rules came into force in 1994, they were disentitled to the benefits. Learned counsel relied upon a clarification issued by the Department of Personnel and Training (DoPT) in the year 2001; the terms of the Office Memorandum dated 18.07.2001 issued by the DoPT stated that the benefits under the ACP Scheme were conditional upon the incumbents satisfying all the eligibility conditions, including their possessing the educational qualifications. It was argued that the CAT, therefore, fell into error in overlooking this salient aspect.