Delhi High Court
Union Of India And Others vs Manju Vashistha & Others on 3 February, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WRIT PETITION (CIVIL) No. 11826/2016
Reserved on: 20th December, 2016
% Date of Decision: 3rd February, 2017
UNION OF INDIA AND OTHERS ....Petitioners
Through Mr. Devesh Singh, ASC & Mr. Vinod Kumar
Bhati, Advocate for GNCTD.
Versus
MANJU VASHISTHA & OTHERS .....Respondents
Through Nemo.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE CHANDER SHEKHAR
SANJIV KHANNA, J.
The Union of India, the Commissioner of Police, and four others in
this writ petition impugn the order dated 23rd May, 2016 passed by the
Principal Bench of the Central Administrative Tribunal (Tribunal, for
short) in OA No. 1288/2014 holding that the respondents, 17 in number,
were entitled to grant of benefit of third financial upgradation under the
Modified Assured Career Progression Scheme (MACP Scheme, for short).
2. The respondents were appointed as Head Constable (Ministerial) in
the Delhi Police on different dates in 1984, 1985 and 1986. They were
promoted as Assistant Sub-Inspector (Ministerial) again on different dates.
After the introduction of the MACP Scheme, the respondents were granted
second financial upgradation under the said scheme with effect from 1 st
September 2008. Grant of second financial upgradation is not challenged
and disputed. The respondents were thereafter granted the third financial
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upgradation once they had completed 20 years of regular service from the
date of first promotion, though they had not completed 30 years of service
from the date of direct entry. Grant of the third financial upgradation was
withdrawn by the petitioners vide order dated 10th March, 2014. The
respondents challenged this withdrawal in OA No. 1288/2014, which as
recorded above, has been allowed by the impugned order.
3. The petitioners dispute the respondents' entitlement to the third
financial upgradation under the MACP Scheme contending that the third
financial upgradation could only be granted after completion of 30 years of
overall service in the regular grade from the date of initial appointment and
not after 20 years of service from the date of first promotion as was the
case and contention of the respondents. We proceed to examine the said
argument.
4. The MACP Scheme was introduced for the Central Government
Civilian Employees, except organized Group A services vide Office
Memorandum No. 35034/3/2008-Estt.(D) dated 19th May, 2009. The
Scheme was operational with effect from 1st September, 2008. Paragraphs
1, 9, 22, and the illustrations given in paragraph 28 of the MACP Scheme
are relevant and are, therefore, reproduced below:-
"1. There shall be three financial upgradations
under the MACPS, counted from the direct entry
grade on completion of 10, 20 and 30 years service
respectively. Financial upgradation under the
Scheme will be admissible whenever a person has
spent 10 years continuously in the same grade-pay.
XXXXX
9. 'Regular service' for the purposes of
the MACPS shall commence from the date of
joining of a post in direct entry grade on a regular
basis either on direct recruitment basis or on
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absorption/re-employment basis. Service rendered
on adhoc/contract basis before regular appointment
on pre-appointment training shall not be taken into
reckoning. However, past continuous regular
service in another Government Department in a
post carrying same grade pay prior to regular
appointment in a new Department, without a break,
shall also be counted towards qualifying regular
service for the purposes of MACPS only (and not
for the regular promotions). However, benefits
under the MACPS in such cases shall not be
considered till the satisfactory completion of the
probation period in the new post.
XXXXX
22. If Group "A" Government employee, who
was not covered under the ACP Scheme has now
become entitled to say third financial upgradation
directly, having completed 30 year's regular
service, his pay shall be fixed successively in next
three immediate higher grade pays in the hierarchy
of revised pay-bands and grade pays allowing the
benefit of 3% pay fixation at every stage. Pay of
persons becoming eligible for second financial
upgradation may also be fixed accordingly.
28. Illustrations
A (i) lf a Government servant (LDC) in
PB-l in the Grade Pay of Rs.1900 gets his first
regular promotion (UDC) in the PB-l in the Grade
Pay of Rs.2400 on completion of 8 years of service
and then continues in the same Grade Pay for
further 10 years without any promotion then he
would be eligible for 2nd financial upgradation
under the MACPS in the PB-l in the Grade Pay of
Rs.2800 after completion of 18 years (8+10 years).
(ii) ln case he does not get any promotion
thereafter, then he would get 3rd financial
upgradation in the PB-ll in Grade Pay of Rs.4200
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on completion of further 10 years of service i.e.
after 28 years (8+10+10).
(iii) However, if he gets 2nd promotion after 5
years of further service in the pay PB-ll in the
Grade Pay of Rs.4200 (Asstt. Grade/Grade "C") i.e.
on completion of 23 years (8+10+5years) then he
would get 3rd financial upgradation after
completion of 30 years i.e. 10 years after the 2nd
ACP in the PB-ll in the Grade Pay of Rs.4600.
In the above scenario, the pay shall be raised by 3%
of the total pay in the Pay Band and Grade Pay
drawn before such upgradation. There shall,
however, be no further fixation of pay at the time
of regular promotion if it is in the same Grade Pay
or in the higher Grade Pay. Only the difference of
grade pay would be admissible at the time of
promotions.
B. If a Government servant (LDC) in
PB-I in the Grade Pay of Rs.1900 is granted 1st
financial upgradation under the MACPS on
completion of 10 years of service in the PB-l in the
Grade Pay of Rs.2000 and 5 years later he gets 1st
regular promotion (UDC) in PB-I in the Grade Pay
of Rs.2400, the 2nd financial upgradation under
MACPS (in the next Grade Pay w.r.t. Grade Pay
held by Government servant) will be granted on
completion of 20 years of service in PB-I in the
Grade Pay of Rs.2800. On completion of 30 years
of service, he will get 3rd ACP in the Grade Pay of
Rs. 4200. However, if two promotions are earned
before completion of 20 years, only 3rd financial
upgradation would be admissible on completion of
10 years of service in Grade Pay from the date 2nd
promotion or at 30th year of service, whichever is
earlier.
C. If a Government servant has been
granted either two regular promotions or 2nd
financial upgradation under the ACP Scheme of
August, 1999 after completion of 24 years of
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regular service then only 3rd financial upgradation
would be admissible to him under the MACPS on
completion of 30 years of service provided that he
has not earned third promotion in the hierarchy."
Paragraph 1 of the MACP envisages and stipulates the terms and
conditions for grant for financial upgradations. The first
sentence/stipulation refers to the period post the date of direct entry into
the grade. On completion of 10, 20 and 30 years of service, the first,
second and third financial upgradations are granted. Financial upgradations
are admissible when an employee has not earned any promotion during the
specified period. Invariably or in most cases, government employees do
earn one or two promotions during their tenure of service. The second
sentence of paragraph 1 envisages grant of benefit of financial upgradation
when an employee has spent 10 years continuously in the same grade pay.
This would apply to cases where the employee has earned first or the
second promotion or upgradation under the MACP Scheme in his service
career and has spent 10 years continuously in the same grade pay.
5. The petitioners accept that financial upgradation is to be granted
whenever an employee has spent 10 years after promotion/upgradation in
the same grade pay, albeit, the contention of the petitioners is that if an
employee has spent another 10 years i.e. 20 continuous years on the
promotional post, he would not be entitled to grant of the third financial
upgradation, till he has completed 30 years counted from the date of direct
entry into the grade.
6. The argument raised by the petitioners overlooks and negates
paragraph 1 of the MACP Scheme quoted above. The paragraph postulates
grant of financial upgradation in 2 different set of circumstances and
situations, as noticed above. The first situation would be applicable in case
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the person has not earned any promotion whatsoever, and the second
situation relates to cases where a person has earned either first or second
promotion and has continued to remain in the same grade pay for the 10 or
as the case may be for 20 years. The two situations are independent. It
would be wrong to read the requirement that the employee should have
completed 30 years of service from the direct entry for being entitled to
grant of the third financial upgradation, even if he has spent 10 years in the
same grade pay after the last financial upgradation/promotion. The second
sentence of paragraph 1 in the plain language states that financial
upgradation will be admissible whenever an employee has spent 10 years
continuously in the same grade pay. It does not state that the employee
will not be entitled to second or third financial upgradation even if he has
spent 10 years in the grade pay if he has not completed 20 or 30 years of
service from the date of initial entry. The date of direct entry is immaterial
for the second sentence of paragraph 1, and the period of 10 years is to be
counted from the date of promotion or upgradation in the next grade pay.
7. Paragraph 9 of the MACP Scheme quoted above states that the term
„regular service‟ would include „continuous regular service‟ in another
Government department in a post carrying the same grade pay prior to
regular appointment in the new department. This is indicative that the
grade pay being paid to an employee may be the relevant consideration.
The date of direct entry may not be relevant in a given case. Paragraph 22
of the MACP Scheme stipulates that where an employee was not covered
by the ACP Scheme and has completed 30 years of regular service, his pay
shall be fixed by giving benefit of next three higher grade pays in the
hierarchy of the revised pay bands. In other words, he would not be given
the first or the second, but the third financial upgradation. The same is the
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position where an employee has completed 20 years of service, but not 30
years of service from the date of initial joining and is entitled to benefit of
the MACP Scheme. Such employees are directly granted second financial
upgradation.
8. The illustrations1 given in Paragraph 28 of the MACP Scheme also
support this view. As per Illustration A, an employee, who has earned one
or two promotions, would be entitled to financial upgradation after he has
spent 10 years without any promotion thereafter. Another financial
upgradation would be granted after the employee has spent 20 years on the
first promotional post in the same grade pay. The last sentence in
Illustration B is significant for it relates to a case wherein an employee has
earned two promotions before completion of 20 years. Such employee
would be entitled to third financial upgradation on completion of 10 years
We accept and record that the examples to the illustrations given in paragraph/clause
28 do reflect some variance with the view expressed by the Division Bench of this
Court in some decisions to which one of us (Sanjiv Khanna, J.) was also a Member,
holding that MACP Scheme requires reference only to Part A, Section 1 of the First
Schedule of the Central Civil Services (Revised Pay) Rules, 2008 and not to the
promotional pay scale. The examples would, however, reflect that when a person is
granted financial upgradation and then promoted, the financial upgradation granted
earlier get subsumed in the promotion and is not counted for the purpose of MACP
Scheme. Further, upon promotion, the next financial upgradation is not with reference
to the scale or grade pay as applicable on direct entry, but with reference to the next
grade pay in the hierarchy as per Part A, Section 1 of the First Schedule of the aforesaid
Rules with reference to the pay scale of the promotional post. In other words, if the
incumbent is granted financial upgradation and then granted promotion and the pay
scale of the promotional post is higher than the scale provided in Section 1, Part A to
the First Schedule of the Rules, the employee would be entitled to next financial
upgradation on completion of 10 years of service in the said grade to the next higher
grade pay with reference to the pay scale applicable to the promotional post. In this
case, this issue need not be examined. If required and necessary, the issue will be
examined in an appropriate case and may, if required, be referred to a Larger Bench.
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of service in the grade pay from the date of second promotion or 30 years
of service, whichever is earlier. Thus, the stipulations relating to 10, 20
and 30 years of regular service and 10 years in the grade pay operate
independently and in alternative. Whenever any of the two alternative
conditions are satisfied, the benefit under the MACP Scheme should be
available. Conditions and stipulations of one cannot be read into another.
9. The aforesaid position has been accepted by the DoP&T in their
clarification issued by way of Frequently Asked Questions (FAQs) on the
MACP Scheme dated 1st April, 2011 wherein in response to question Nos.
2 and 27, it has been clarified:-
"2. From which date the MACPS is effective?
The MACPS is effective w.e.f. 01.09.2008 or on
completion of 10, 20 & 30 years of continuous
regular service, whichever is later. Financial
upgradation will also be admissible whenever a
person has spent 10 years continuously in the same
grade pay. (Para 9 of OM dated 19/5/2009)
XXXXX
27. In a hypothetical situation cadre hierarchy was
as follows: Rs.5000-8000 (revised GP 4200)
Rs.5500-9000 (revised GP 4200) Rs.6500-10500
(revised GP 4600) Rs.7450-11500 (revised GP
4600) Rs.10000-15200 (revised GP 6600)
(i) What would be the 1 st financial upgradation
under the ACPS for a Government employee
recruited in pre-revised pay scale of Rs.5000- 8000,
who has completed his 12 years of regular service
on 12.04.2007 (between 1.1.2006 and 31.8.2008);
In terms of clarification given on point of doubt
no.3 issued vide DOPT's O.M. No.35034/3/2008-
Estt.(D) dated 9.9.2010, the benefits of ACPS
would be applicable in the new pay structure
W.P. (C) No. 11826/2016 P age 8 of 18
adopted w.e.f. 1.1.2006 in the promotional
hierarchy. (i): Since the pre-revised pay scales
Rs.5000-8000 & Rs.5500-9000 have been merged
and placed in PB-2 with grade pay of Rs.4200, 1st
financial upgradation would be allowed in the
grade pays of Rs.4600, subject to fulfillment of
promotional norms as stipulated in condition no.6
of Annexure-I ACPS dated 9.8.1999, in terms of
clarification given on point of doubt no.1 of ACPS
dated 10.02.2000.
(ii) What would be 2ndfinancial upgradation for
employee recruited in 5000-8000, who has
completed 24 years of regular service on
12.04.2007 (between 1.1.2006 and 31.8.2008)
Since the pre-revised pay scales Rs.6500- 10500 &
Rs.7450-11500 have been merged and placed in
PB-2 with grade pay of Rs.4600, 2nd financial
upgradation would be allowed in the grade pay of
Rs.6600, subject to fulfillment of promotional
norms (after framing of RRs post merger) as
stipulated in condition no.6 of Annexure-I ACPS
dated 9.8.1999, in terms of clarification given on
point of doubt no.1 of ACPS dated 10.02.2000.
(iii) If a Government servant recruited in the pre-
revised pay scale of Rs.5000- 8000 has been
promoted in the promotional hierarchy in the
prerevised pay scale of Rs.5500-9000 prior to
1.1.2006 (and he has put in 14 years of regular
service) then would there be any claim for financial
upgradation under ACPS
(iii): The pre-revised pay scales Rs.5000- 8000 &
Rs.5500-9000 have been merged and placed in PB-
2 with grade pays of Rs.4200 w.e.f. 1.1.2006.
Hence, the promotion would be ignored as he has
completed his 12 years of regular service and the
benefit of 1 st ACP would accordingly be allowed
in the promotional hierarchy i.e. in the grade pay of
Rs.4600 w.e.f. 01.01.2006.
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(iv) If the above Government servant had put in 22
years as on 31.08.2008, then what would be the
entitlement in MACP
(iv): As given above, the 1 stACP would be in PB-
2 grade pay of Rs.4600 after ignoring the previous
promotion. Thereafter, since employee has
completed more than 20 years of regular service on
01.09.2008, he would be entitled for 2ndfinancial
upgradation under the MACPS in the immediate
next higher grade pay of Rs.4800 in PB-2 subject
to fulfillment of condition as stipulated in para 17
of Annexure-I of MACPS dated 19.05.2009. "
Answer to question No. 2 states that financial upgradation can be
granted in the two different set of circumstances. Firstly, on completion of
10, 20 and 30 years of continuous regular service, and secondly, whenever
a person has spent 10 years of continuous service in the same grade pay.
Question No. 27 refers to hypothetical situations and response to sub-
question (iv) elucidates that where an employee has spent 22 years of
service, he would be entitled to second financial upgradation under the
MACP Scheme as he has completed more than 20 years of service.
10. The petitioners have also referred to the clarification given by the
Department of Personnel and Training (DoP&T) interpreting the said
Scheme. The said opinion, for the sake of clarity, is reproduced below:-
"2. The issue relates to grant of third financial
upgradation under MACP Scheme to officials of
Delhi Police who have completed 20 years of
service after earning first promotion. Specific
service details of the officials concerned may be
perused at p. 1-2/cor.
3. The basic concept of MACP Scheme
is to provide 1st, 2nd and 3rd financial upgradations
to an employee in consideration of completion of
10/20/30 years of regular service in the same
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scale/Grade Pay respectively. Regular service for
grant of benefits commence from the direct entry
grade. The Scheme also provides for grant of
financial upgradation whenever a person has spent
10 years continuously in the same grade pay.
4. Even though the illustrations No. (i),
(ii) and (iii) of para 28 of the Scheme suggest that
while 2nd MACP could be given after overall 18
years and the 3rd one after overall 28 years, the fact
remains that in both the cases the crucial 2nd and 3rd
MACPS is being given only after the mandatory 10
years residency for the 2nd and 3rd MACP
respectively. Thus, the 3rd MACP is intended to be
given based on either 10 years from the 2nd
MACP/Promotion or 30 years of the overall
service. Either of these two conditions needs to be
fulfilled. In this case, neither of these is fulfilled.
The 2nd MACP is rightly given on 1.9.2008-the
date of effect of the MACPS itself. Now either 10
years from 01.09.2008 or overall 30 years service
will need to be fulfilled for grant of the 3 rd MACP.
Hence, the proposal of the referring Department is
not found to be covered within the parameters of
the MACP Scheme.
5. In view of the above, it may be
clarified that the proposal for grant of third
financial upgradation under MACP Scheme to
employees who have completed 20 years of service
after earning first promotion is not in consonance
with the basic concept of the MACP Scheme."
Paragraph 4 of the aforesaid opinion rightly breaks up paragraph 1 of
the MACP Scheme. Paragraph 1 of the MACP Scheme states that three
financial upgradations shall be counted from the direct entry grade and
would be granted on completion of 10, 20 and 30 years of service. It does
not specifically stipulate or state that the 10, 20 or 30 years service must be
in the same scale/grade pay, as this is not a mandatory or compulsory
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condition. The second sentence of paragraph 1 of the MACP Scheme
specifically states so. This is also apparent from paragraph 3 of the DoP&T
clarification quoted above. The last sentence of paragraph 3, rightly uses
the word "also" (emphasis supplied), for the MACP Scheme additionally
stipulates grant of financial upgradation whenever a person has spent 10
years of continuous service in the same grade pay. Thus, the use of the
word „also' is significant for it means that the Government employee
would be entitled to grant of financial upgradations if he/she has spent 10
years of continuous service in the same grade pay.
11. The error or misunderstanding in the DoP&T clarification relied by
the petitioners is apparent in the latter portion of paragraph 4 for firstly, it
does not notice the correct facts and secondly it is contradictory and has
reached an erroneous and wrong conclusion. The factum that the
respondents were appointed in 1984, 1985 and 1986 and had been
promoted once and had spent more than 20 years of service at the
promotional post went unnoticed. The respondents were entitled to first
financial upgradation after completing 10 years of service in the
promotional post under the MACP Scheme. However, as the period of 10
years had ended prior to 1st September, 2008 and period of 20 years at the
promotional post was not complete, benefit of the second financial
upgradation was given with effect from 1st September, 2008. The benefit
of the third financial upgradation would be available to the respondents
after they had completed 20 years in the same grade pay at the promotional
post or 30 years of overall service. Either of the two conditions were
required to be fulfilled. The DoP&T has wrongly interpreted the MACP
Scheme and observed that the benefit of the third MACP would be
available only after the respondents have completed 10 years in the grade
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pay granted to them as a result of second MACP on 1 st September, 2008.
The petitioners and DoP&T have forgotten and failed to notice that the
respondents had more than 10 years of service but less than 20 years of
service in the first promotional post, i.e. the grade pay, when the second
MACP benefit was granted to them effective from the date when the
MACP Scheme was enforced, i.e., 1st September, 2008. Grant of the said
benefit did not obliterate and erase the period of service beyond 10 years in
the grade pay of the promotional post. The said period did not get
exhausted or subsumed when the second MACP benefit was granted. The
balance period beyond the first 10 years in the same grade pay would be
counted and included along with the service rendered after 1 st September,
2008. When computed so, after the respondents complete 20 years of
service, they would be entitled to grant of the third MACP benefit. Thus,
we have no hesitation in holding that the DoP&T‟s clarification in
paragraph 5 is erroneous and wrong.
12. If the contention of the petitioners is to be accepted, it will lead to
absurdity. An employee, who has completed 20 years of service in the
same grade pay would be entitled to two financial upgradations and an
employee who has completed 30 years of service in the same grade pay
would be entitled to third financial upgradation. However, an employee
who has completed 19 or 29 years of service or for that matter anything
more than 10 and less than 20 or more than 20 and less than 30 years,
would forego the excess period beyond 10 and 20 years which would
become zero and would be treated as nil. Thus, an employee, who falls in
this category (indeed most employees would fall in this category) would be
at a disadvantage. This interpretation as put forth by the petitioners would
be highly discriminatory and disadvantageous for those employees who
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were just short of 20 or 30 years of service, viz. those who had just
completed 20 or 30 years of service. Apparent discrepancy and
discrimination would result for in some cases more than 9 years of
experience would get obliterated, whereas in others experience of few days
or few months would not be counted. The erroneous interpretation given
by the petitioners would result in clubbing and equating employees with
varying service between 1 day, to 9 years and 364 days as alike and in one
category, which in a scheme based upon length of service in the particular
grade pay would be a contradiction and an incongruity and thus
unacceptable.
13. Lest there be any confusion, we would like to explain our reasoning
by giving an example to bring forth the incongruity and difficulties in the
argument of the petitioners. Taking the example of two employees, who
were appointed four years apart in 1988 and 1992 respectively, and had
earned the first promotion after exactly 6 years from their date of joining,
we would refer to the following table:-
Particulars of Year of Year of grant Year of Grant of second Grant of 3rd Grant of 3rd Financial
Employees Appointment of 1st completion of financial Financial upgradation as contended
promotion 10 years on upgradation upgradation as by petitioners
same Grade Pay under MACP per the
(6 years post Scheme Tribunal, i.e.
appointment) on completing
20 years on the
same Grade
Pay
Employee A 1988 1994 2004 1.9.2008 2014 2018 on completion of
10 years after 1.09.2008;
or in alternative when the
employee has completed
30 years of service
Employee B 1992 1998 2008 1.9.2008 2018 2018 on completion of
10 years after 1.09.2008;
or in alternative in 2022,
when the employee has
W.P. (C) No. 11826/2016 P age 14 of 18
completed 30 years of
service
We have, in the aforesaid example, assumed that none of the
employees were granted financial upgradation under the ACP Scheme after
12 or 24 years from the date of initial joining. The two employees had
earned the second financial upgradation on the same day, i.e., 1 st
September, 2008, and grant of third financial upgradation was the
lis/dispute. As per the petitioners, the two employees appointed four years
apart and having been granted second financial upgradation under the
MACP Scheme on 1st September, 2008, would be entitled to the third
financial upgradation in case they do not earn any more promotion after 10
years i.e. on 1st September, 2018, or 30 years after date of initial joining,
whichever is earlier. The respondents on the other hand contend that
employees „A‟ and „B‟, would be entitled to the grant of third financial
upgradation on completion of 6 years and 10 years of service respectively,
so as to complete the period of 20 years of service in the same grade pay
which was granted on first promotion. The stand of the respondents has
the effect of taking into consideration the years of service beyond the
period of 10 years, which were not accounted for and subsumed when the
second financial upgradation was granted. The stand of the petitioners, on
the other hand, has the effect of nullifying the extra years of service
rendered beyond 10 years. The period of 30 years of service remains
constant in the two cases and would pose no difficulty. We are concerned
and examining whether the respondents were entitled to third financial
upgradation under the second alternative, i.e. 10 years of service in the
same grade of pay. If the argument of the petitioners is to be accepted,
W.P. (C) No. 11826/2016 P age 15 of 18
grant of benefit under the second alternative/situation of completion of 10
years on the same grade pay has the effect of equating unequals as equals
and causes prejudice to those who had rendered longer period of service
before grant of the second financial upgradation, for the period beyond 10
years is nullified and treated as zero. As is apparent in the table recorded
above, Employees A and B would be granted third financial upgradation in
2018, thus meaning that employees A and B, appointed and promoted 4
years apart would both be entitled to grant of third financial upgradation in
the same year, despite employee A having rendered an additional 4 years
of service in the same grade pay in the promotional post.
14. The peculiar situation which has arisen in the present case would not
have arisen if the MACP Scheme had been in operation when the
respondents were inducted into service.. Such abnormal situation may also
arise because the ACP Scheme envisages two financial upgradation after
12 years and 24 years of service, whereas MACP Scheme envisages grant
of three financial upgradation after 10, 20 and 30 years of service or 10
years of service in the same grade pay. It would be better or more logical
to ensure that all employees are treated equally for grant of benefit of
second or third financial upgradation under the second situation by not
obliterating or discounting the period of service beyond 10 years or 20
years while granting benefit under the MACP Scheme. This would ensure
uniformity and alike treatment to all employees.
15. At this stage we note that the view we have taken also finds support
in paragraph 15 of the office memorandum dated 9th August, 1999 by
which Assured Career Promotion Scheme was introduced. The said
Scheme postulated two financial upgradations on completion of 12 and 24
years of service respectively. Paragraph 15 of the ACP Scheme reads:-
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"15. Subject to Condition No. 4 above, in cases
where the employees have already completed 24
years of regular service, with or without a
promotion, the second financial upgradation under
the scheme shall be granted directly. Further, in
order to rationalise unequal level of stagnation,
benefit of surplus regular service (not taken into
account for the first upgradation under the scheme)
shall be given at the subsequent stage (second) of
financial upgradation under the ACP Scheme as a
one time measure. In other words, in respect of
employees who have already rendered more than
12 years but less than 24 years of regular service,
while the first financial upgradation shall be
granted immediately, the surplus regular service
beyond the first 12 years shall also be counted
towards the next 12 years of regular service
required for grant of the second financial
upgradation and, consequently, they shall be
considered for the second financial upgradation
also as and when they complete 24 years of regular
service without waiting for completion of 12 more
years of regular service after the first financial
upgradation already granted under the Scheme."
The aforesaid paragraph postulated that employees who had already
been in regular service for 12 years or more but had not completed 24 years
at the same post would immediately be granted first financial upgradation
under ACP Scheme, with the surplus years being counted towards
eligibility for grant of second financial upgradation on the completion of
24 years of regular service and would thus, not have to wait for an
additional 12 years for the same. Thus for an employee who had completed
18 years of service and been granted first financial upgradation on the
coming into effect of the ACP Scheme, he would be granted the second
financial upgradation after 6 years,(12+6+6) on completion of 24 years in
service and not after 12 years from grant of first financial upgradation.
W.P. (C) No. 11826/2016 P age 17 of 18
16. For the aforesaid reasoning, we do not find any merit in the present
writ petition and the same is dismissed. There will be no order as to costs.
-sd-
(SANJIV KHANNA)
JUDGE
-sd-
(CHANDER SHEKHAR)
JUDGE
FEBRUARY 3, 2017
VKR
W.P. (C) No. 11826/2016 P age 18 of 18
