LEELAVATHI K. MANJESHWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this application under Section 19 of the Administrative Tribunals Act, 1985, the applicant seeks direction that she is entitled to grant of the 2nd financial upgradation under the ACP (Assured Career Progression) Scheme of 1999 with effect from 5.7.2006, on completion of 24 years of regular service and to ignore the order passed by the respondents granting her 2nd financial upgradation under MACP (Modified Assured Career Progression) Scheme of 2008 with effect from 1.9.2008. The applicant's case in brief is that on 5.7.1982 she was appointed as Lower Division Clerk in the Canteen Stores Department run by the respondents. After rendering about 11 years of service, she was removed from service on Departmental Inquiry being conducted for her unauthorized absence from duty. The Administrative appeal filed by the applicant challenging the removal was also dismissed and this led her to approach this Tribunal by way of O.A. No. 737/1994, which was allowed on 5.8.1988, and the matter was remanded to the Appellate Authority to decide the matter afresh after giving personal hearing to the applicant. Consequent to this order, the Appellate Authority decided the matter afresh by order dated 31.3.1999 thereby once again confirming the order of her removal from service.

(2.) IN the 2nd round of litigation before this Tribunal in O.A. No. 492/1999 the applicant had successfully challenged the said order and it was directed that she be reinstated in service by passing appropriate order for regularization of her long absence as per rules as extra ordinary leave without pay. The respondents have unsuccessfully challenged this order before the Hon'ble Bombay High Court in Writ Petition No. 4953/2000 and thereafter, vide order dated 25.9.2000, the applicant was reinstated in service with effect from 15.3.1993, without any back wages, and her absence from 26.3.1991 to 10.10.2000 was regulararised as extra ordinary leave.

(3.) ON 25.11.2009 the applicant submitted a representation to the respondent No. 2 requesting for grant of 2nd financial upgradation to her under ACP Scheme with effect from 5.7.2006, the date she considered herself to have completed 24 years of her service. The applicant was informed that some clarification was sought on this subject from the Head Office. However, vide order dated 7.7.2011, the applicant was granted 2nd financial upgradation with effect from 1.9.2008 under MACP Scheme, raising her grade pay from Rs. 2400/ - to Rs. 2800/ -, against her claim for 2nd financial upgradation with effect from 5.7.2006 under the erstwhile ACP Scheme.