KRISHNA NAND BARANWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The petitioner has challenged the order dated 17.12.2004 passed by the Garrison Engineer (N), Binnaguri, District Jalpaiguri, respondent No.3, whereby the claim of the petitioner for second financial upgradation under the Assure Carrier Promotion Scheme (hereinafter referred to as the "ACP Scheme") has been denied on the promise that the promotion of the petitioner from the post of ''Valveman' to the ''Pipe Fitter' has been considered as first financial upgradation for the purpose of "ACP Scheme" and subsequently upgradation granted w.e.f. 9.8.1999 in the pay scale of Rs.4000-6000 as second financial upgradation; that since the petitioner has already availed two promotions or financial upgradation, he is not entitled to any further financial upgradation.

(3.) The petitioner has challenged the said order passed by respondent No.3 by filing O.A. No.1948 of 2005 (Krishna Nand Barnwal vs. Union of India and others) praying that in accordance with the clarification issued in this regard, the promotion of the petitioner in a common grade does not constitute promotion/upgradation and as such ignoring the same, the petitioner shall be entitled for the second upgradation in the pay scale of Rs.5000-8000 under the ACP Scheme w.e.f. 1.1.1996. After hearing the parties the said O.A. was dismissed by the Central Administrative Tribunal, Allahabad (in short CAT) vide its order dated 31.7.2008.