UNION OF INDIA Vs. REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) This Writ Petition has been filed to quash the order passed by the Central Administrative Tribunal, dtd. 7/3/2023 in O.A.No.987 of 2015.

(2.) Heard Mr.R.Rajesh Vivekananthan, learned counsel appearing for the petitioner and Mr.S.T.Varadarajulu, learned counsel appearing on behalf of the second and third respondents.

(3.) The learned counsel appearing for the petitioner would submit that the respondents 2 & 3 were granted Temporary status w.e.f., 1/9/1993 and their services were regularised on 6/10/1998, and had brought under the time scale of pay. The Assured Career Progression Scheme (ACP Scheme) was introduced w.e.f., 9/8/1999 and they were also granted the benefit, however their casual engagement and their temporary status services were not taken into account as per the scheme. He would submit that the said scheme only benefits employees' with regular service and not employees, who were either casually engaged or have been conferred with the temporary status. 50% of the casual labour service and 100% of the temporary status would only be counted for calculating the pensionary benefits and the same cannot be counted for conferring the benefits under the ACP Scheme. He would submit that the Tribunal without considering the same, had directed the petitioners' to count 50% of the casual labour service and 100% of the temporary status service for granting benefits of ACP/MACP Schemes by erroneously relying upon a coordinate bench judgment of the Tribunal at New Delhi. It also placed reliance upon the judgment of the Hon'ble Apex Court which had held that the employees were only entitled to count their regular service for benefit of time bound promotion scales/promotion increment. Therefore, he seeks this Court indulgence with the order impugned in this Writ Petition.