TRIBHUVAN MESHRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THE following order of the Court was delivered by Order dated 7.1.2009 passed by Central Administrative Tribunal, Jabalpur Bench, Jabalpur is being assailed vide this writ petition under Article 227 of the Constitution of India, whereby claim for Second Upgradation under the Assured Career Progression Scheme has been declined.

(2.) THAT , in furtherance to the recommendation by Fifth Central Pay Commission and with certain modification, with an object to ameliorate the problem of genuine stagnation and hardship faced by the Central Government employees, Government of India, Ministry of Personnel, Public Grievance and Pension (Department Personnel and Training) introduced Assured Career Progression Scheme vide notification No. 35034/1/97Estt. (I) dated 9.8.1999. The scheme aimed at granting two financial upgradations on completion of 12 years and 24 years of regular service.

(3.) FURTHERMORE , clause 5.1 stipulated that two financial upgradations under the ACP Scheme in the entire government service career of an employee shall be counted against regular promotions (including insitu promotion and fast track promotion availed through limited departmental competitive examination), availed from the grade in which an employee was appointed as a direct recruit. Meaning thereby that, two financial upgradations under the ACP Scheme shall be available only if no regular promotions during prescribed periods (12 and 24 years) have been availed by an employee. Thus if an employee has already got one regular promotion, he shall qualify for the second financial upgradation only on completion of 24 years of regular service under the ACP Scheme. In case two prior promotions on regular basis have already been received by an employee, no benefit under the ACP scheme shall accrue to him.