UNION OF INDIA AND OTHERS Vs. LAKSHMI HARIDAS

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution, is directed against the order dated 24.3.2011, Annexure P1, passed in Original Application No.156/2010 by the Central Administrative Tribunal, Jabalpur Bench (in short, "the Tribunal") whereby it has directed the petitioners to grant the benefit of first financial upgradation under Assured Career Progression Scheme (ACPS) to the respondent with effect from 22.7.1999 and also to pay the arrears due to her as per rules on account of grant of first financial upgradation.

(2.) On 12.11.1986 the respondent was initially appointed in the Tribunal as typist on contingency basis. Thereafter, a test was conducted on 6.7.1987 in which the respondent appeared alongwith candidates sponsored by the employment exchange. In the test, the respondent was declared selected. Thereupon she was appointed on the post of Stenographer Grade 'D on ad-hoc temporary basis in the pay scale of Rs.1200-2040 with effect from 22.7.1987 for a period not exceeding one 2 year. By another order dated 2/5.8.1988 the term of appointment of respondent as Stenographer Grade 'D on ad-hoc temporary basis was extended till further orders or until regularized under the recruitment rules.

(3.) But a Departmental Promotion Committee in its meeting held on 30.7.1993 did not find the respondent qualified for the post of Stenographer Grade 'D . The competent authority therefore, on the recommendation made by the Departmental Promotion Committee, by order dated 12.8.1993 regularized the respondent on the post of Lower Division Clerk with effect from 10.8.1993. One of the conditions stipulated in the order was as under: