PRATIBHA PRASHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Pratibha Prashar, assails by this writ petition the final judgment and order of the Principal Bench of the Central Administrative Tribunal (the Tribunal, for short) dated 13 th August, 2013 whereby OA.No.1678/2007 filed by her has been dismissed.

(2.) This is the second round of litigation, as the petitioner had earlier succeeded before the Tribunal by the order dated 16 th May, 2011 with the Tribunal directing that the petitioner was entitled to upgradation under the Assured Career Progression Scheme, 1998 (ACP Scheme for short). This order was set aside with an order of remand in Writ Petition (C) No.8284/2011 vide order dated 18th July, 2012. The High Court had observed that the order of the Tribunal dated 16 th May, 2011 had not adequately addressed the issues raised and in particular the impact of paragraph 4.1 of O.M. dated 24th July, 1990, and also Annexure -1 thereof. The High Court had made reference to the answer to question No.35 of O.M. dated 18th July, 2001.

(3.) In short, the issue and dispute pertains to grant of second financial upgradation under the ACP Scheme. The petitioner claims that she is entitled to second financial upgradation under the ACP Scheme as her appointment as Library and Information Officer cannot be counted as promotion. She pleads that her appointment to the said post was on account of the restructuring exercise carried out in terms of the recommendation of the 4th Pay Commission read with the OM dated 24th July, 1990. Respondents plead to the contrary and have contested the claim on several grounds.