ANIVESH CHANDRA TRIVEDI Vs. THE UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 for the following relief(s):-

(2.) THE brief facts (for the present purpose) are that all the applicants were initially appointed under the Carpet Training Scheme of Ministry of Textiles which has now been closed down like other schemes sponsored by the Ministry, on the post of Storekeeper/Accounts Clerk. In order to provide a safety net to the stagnating employees, the Government of India introduced Assured Career Progression (for short ACP) Scheme with effect from 09.08.1999 to give benefits of first ACP on completion of 12 years of service and benefit of second ACP on completion of 24 years of service. In both the cases, the benefits are granted to the next higher upgraded scales. The applicants were granted the benefit of first ACP Scheme w.e.f. 09.08.1999 but while granting the benefit of second ACP scheme, the applicants were discriminated as they were granted upgraded scale of Rs. 4500 -7000/ - only whereas the Store Keeper/Accounts Clerk appointed under the erstwhile different Schemes have been given the scale of Rs. 5000 -8000/ -. Being aggrieved with the above discrimination, the applicants submitted representation dated 03.02.2005 to the Development Commissioner (Handicrafts), New Delhi and requested to remove the anomaly by granting same scale to the applicants also. The respondents did not consider the representation, moved by the applicants. The applicants submitted several representations thereafter. Ultimately, the Development Commissioner (Handicrafts), New Delhi informed all the applicants individually that their request has not been found acceptable and finally turned down the applicants representation vide order dated 26.12.2007. Hence, this O.A. The respondents have contested the O.A. stating that the applicants along with some other employees were appointed in the department under Carpet Scheme on the post of Store Keeper-cum-Accounts Clerk in various carpet weaving training centres in the pay scale of Rs. 260 -400 (pre -revised) which was subsequently revised to Rs. 950-1500/-, Rs. 3050-4590/- and Rs. 5200-20200/-. The recruitment rules for the said posts were framed in the year 1978. The promotion of Store Keeper-cum-Accounts Clerk on the post of Store Keepers has been carried out under the Carpet Scheme by 100% promotion quota and subsequently the post of Senior Accountant is also filled up from the post of Junior Accountant. These promotions were made as per the recruitment rules framed by the department for Carpet Scheme separately. The promotion channels of Store Keeper-cum-Accounts Clerk of Carpet Scheme are given below:-

(4.) IN addition to pleadings, the applicants have placed reliance on documentary evidence also which is annexure A -1 to annexure A -9.