THE UNION OF INDIA Vs. SUMITRA NANDAN PRASAD

JUDGEMENT

(1.) The challenge in the present writ application is to an order passed by the Central Administrative Tribunal, Patna Bench, Patna (for short "the Tribunal") on 22nd of January, 2015. in O.A. No. 289 of 2012, whereby an Original Application filed by the respondent (hereinafter referred to as "the applicant") was allowed and the petitioners herein were directed to grant 3rd Modified Assured Career Progression (hereinafter referred to as "MACP") benefit after counting his entire service including the service rendered in lieu of combatant on ad hoc basis.

(2.) The applicant was working as Lower Division Clerk in the office of NCC Directorate, Bihar & Jharkhand. He was initially appointed on ad hoc basis in lieu of combatant post where he worked from 22nd of January, 1981 to 21st of January, 1983. It was thereafter, he was adjusted against regular vacancy.

(3.) The applicant claims the benefit of Assure Career Progression Scheme (hereinafter referred to as "ACP") introduced by the Government of India vide Memorandum dated 9th of August, 1999, which permits financial upgradation to the civil employees on completion of 12 and 24 years of service, if they do not get regular promotion within the said period. The grievance of the applicant was that the period of service rendered by the applicant on ad hoc basis in lieu of combatant i.e. with effect from 22nd of January, 1981 to 21st of January, 1983 has not been considered for the purpose of granting ACP benefits. The applicant relied upon an order dated 05.04.2007 passed by the Madras Bench of the Tribunal in O.A. 85/2006 (Skariah Thomas Vs. Union of India and Anr.) which order was affirmed by the Madras High Court on 10.09.2008 in Writ Petition No. 5876 of 2008 (The Union of India and Anr. Vs. Skariah Thomas) and Special Leave Petition against the said judgment was dismissed.