UNION OF INDIA Vs. PRAKASH CHAND

JUDGEMENT

(1.) - The petitioner, Union of India, aggrieved by the order dated 15/12/2005 of the Central Administrative Tribunal (in short the Tribunal), Principal Bench, Delhi, has assailed the same before us in the present writ petition. By virtue of the said order dated 15/12/2005, the Tribunal was pleased to quash the order dated 19/1/2004 issued by the Ministry of Small Scale Industries whereby financial upgradation under the Assured Career Progression (in short ACP) Scheme granted to respondents in the scale of Rs. 5500-9000 was down graded in the scale of Rs. 5000-8000, in view of the clarification No. 56 under the ACP Scheme issued by Deptt. of Personnel and Training (in short DOPT) on 18th July, 2001. The Tribunal restored the financial benefits granted to respondents by way of granting them ACP in the scale of Rs. 5500-9000 with consequential recoveries.

(2.) Respondents were appointed as Lower Division Clerks (LDCs) with Small Industries Service Institute, Ministry of Small Scale Industries, Udyog Bhawan, New Delhi. They were promoted as Upper Division Clerks (UDCs) in the pay scale of Rs. 4000-6000/-. As per the existing hierarchy, under the recruitment rules the applicants are to be promoted to the post of Superintendent in the pay scale of Rs. 5500-9000/-.

(3.) By virtue of Vth Central Pay Commission recommendations for ACP Scheme had been introduced. Deptt. of Personnel and Training vide Office Memo No. 35034/l/97-Estt.(D) dated 9/8/1999 issued guidelines for the implementation of ACP. As per condition No. 7 of the Scheme financial upgradation shall be given to the next higher grade in accordance with the existing hierarchy in a cadre/ category of post without creating new posts for the purpose. For the sake of convenience condition No.7 is reproduced below: