UNION OF INDIA Vs. GANGADHAR MOHANTY

JUDGEMENT

(1.) The simple question that arises in this case is whether to avail benefit of Assured Career Progression, in short the 'ACP', it is necessary for the employee to have requisite qualification for getting promotion to the higher cadre.

(2.) The Department of Posts, Union of India has preferred this writ petition against the orders passed by the Central Administrative Tribunal in O.A. No. 573 of 2006, wherein the Tribunal ordered that the ACP benefits be granted to the applicant within 90 days from the date of receipt of copy of the order.

(3.) Bereft of unnecessary details, the fact of the case is that the opposite party was initially recruited to the post of 'Patwari' under DNK Project w.e.f. 07.04.1966. He was rendered as a surplus and therefore he was adjusted as a 'Sorter' in the Office of the Director of Accounts (Postal), Kolkata w.e.f. 13.05.1988 with necessary pay protection. Thereafter, he was promoted to the post of Lower Division Clerk w.e.f. 01.10.1993 and transferred to the office of petitioner No. 4 as LDC. On the basis of recommendation of the 5th Pay Commission, the scale of pay of 'Patwari' and LDC were clubbed together and made as Rs. 3050-4590/-. He having been denied ACP benefits approached the Tribunal.