UNION OF INDIA (UOI), Vs. A.K. SOMANATHAN

JUDGEMENT

(1.) THE respondents in O.A. No. 421 of 2004 are the petitioners. The applicant in that Original Application is the respondent.

(2.) THE brief facts of the case are the following. The respondent/applicant joined service under the writ petitioners as Technician on 8.3.1973. With effect from 1.1.1996, recommendations of the Vth Pay Commission were implemented. Prior to that, the scale of pay of Technician (General) was Rs. 1,400 - 2,300/ - The Pay Commission recommended two replacement scales for the said pre -revised scale of pay. It was suggested that 30% of the incumbents in the post of Technician (General) will be granted the replacement scale of Rs. 5,500 - 9,000/ - and the remaining 70% shall be given the scale of pay of Rs. 4,500 - 7,000/ - The applicant, being a senior hand, was included in the 30% eligible for the higher scale of pay of Rs. 5,500 - 9,000/ - His pay was fixed as per Rule 7 of the Central Pay Revision Rules, 1997. Later, the Government introduced ACP scheme with effect from 9.8.1999, providing that an employee, who did not get any promotion for 12 years, will be granted a higher grade. An employee, who completed 24 years without any promotion will be granted the second higher grade also. Since the applicant did not get any promotion during his career, he claimed both the upgradation from 1999, as he has completed 24 years of service in 1997 itself. But the competent authority took the stand that the placement of the petitioner in the scale of pay of Rs. 5,500 - 9,000/ - with effect from 1.1.1996 should be taken as a promotion and therefore, he is entitled to get the second upgradation only. The said dispute led to the filing of the aforementioned Original Petition.

(3.) THE writ petitioners resisted the application contending that the respondent got one promotion on 1.1.1996 and therefore, he is entitled to get only the second upgradation available on completion of 24 years. They have granted the same to the respondent during the pendency of the Original Petition.