K. GOPINATHA PILLAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are applicants in OA No. 518/2013. They have approached the Central Administrative Tribunal inter alia seeking for a direction to grant the 2nd ACP w.e.f. 5/2/2007. It is inter alia contended that all the applicants joined service as Mazdoors during the period between 1968 and 1972. After qualifying the requisite trade test, they were posted as Motor Pump Attender (MPA) on different dates and later on qualifying the trade test, they were posted as Refrigeration Mechanic which post was re-categorized as Refrigeration Mechanic H S. All of them had retired from service.

(2.) The contention urged was that all the applicants/petitioners were placed to skilled category as on 1983 after qualifying promotion tests. According to them, since 1981, the category of MPA and Refrigeration Mechanic were upgraded as per Government Order dated 6/11/1987 and therefore the applicants were entitled for 2nd ACP w.e.f. 5/2/2007 when they completed 24 years of service in the scale of pay '5000-150- 8000. It is contended that their placement from unskilled category to skilled category was not a promotion but a reclassification. In such an event, they were entitled to get financial upgradation by ACP after completion of 12 years from skilled category, that is from 5/2/1988.

(3.) In the objection filed by the respondent, it was contended that the applicants were promoted from the post of Mazdoor (unskilled) to different categories like MPA/Refrigeration Mechanic and therefore they were not eligible for the 2nd ACP in the pay scale '5000-150-8000, whereas they were given the 2nd ACP on completion of 24 years service in the pay scale '4000- 100-6000. It is contended that those who were appointed in the skilled category alone were eligible for the 2nd ACP in the pay scale '5000-150-8000.