ORDER
Khan (J)
1. Petitioner claims that he had qualified BE (AMIE) Section A&B and was appointed Inspector of Works, Grade-II in the Railways on 14.2.90. According to him, he was entitled to six advance increments for possessing higher scientific/technical qualification vide Railway circular No. RBE No. 30/90 dated 14.2.90 but Respondents had declined to grant these to him. He felt aggrieved and approached CAT in OA. No. 2998/97, which was dismissed by impugned order dated 12.8.98, which was dismissed by impugned order dated 12.8.98 with Tribunal holding that incentives provided in the circular were available to employee in service who acquired a higher qualification.
2. Petitioner assails this order and insists that higher technical/scientific qualification prescribed by the circular was to be possessed at any time and not necessarily after entry in Railway service. He seeks support for this from a Tribunal order in (OA. 2646/96) decided on 14.12.97 and also from Andhra Pradesh High Court judgment in CWP. 5739/72.
3. Respondents oppose this on the plea that this circular was in continuation of first Railway circular dated 25.5.89 which in turn was dependent on first circular dated 19.8.66 which made it clear that such incentive was available to serving employee.
4. Relevant Railway circular dated 14.2.90 which in turn emanates from first circular dated 19.8.66 provided thus:-
“General Mangers,
Indian Railways
(as per standard list)
SUB:- Incentives for acquiring higher
Scientific/Accounts/Technical
qualifications.
“X X X X X X
It has now been decided by the Ministry of Railways to the Technical non-gazetted staff who acquire BC/B; Tech. degree directly, may be granted six advance increments, as there are no stage in BC/B.Tech. Examination.
It is also clarified that the incentives for acquiring higher Scientific/Accounts/Technical qualifications would admissible in terms of the extent rules, only if the higher qualifications have been acquired fully at the cost of the employee concerned and the Railways have not borne any part of incurring expenses thereof.”
5. The first circular dated 19.8.66, provides amongst other things thus:-
“A number of directives have been in issued from time too time by the Board in regard to the grant of incentives to Class-II serving Railway employees/ apprentices for acquiring higher or additional professional qualification.”
6. A conjoint reading of this circular leaves no scope for doubt that the incentives provided there including grant of increments etc. were available to Railway staff/employees who acquired higher technical/scientific qualification after their entry in service and not before their appointment.
7. The word “acquire” was significant suggesting that higher qualification was to be acquired by the employee to become entitled for the incentive. A person possessing higher qualification on entry in service does not acquire it as an employee which status he acquires only after his entry in service.
8. It would be fallacious and illogical to interpret the terms of circular to suggest that person entering the service with higher qualification would be entitled to such incentives which were made available to Railway staff/employees to improve their qualifications. One had only to read in between the lines of these circular to know their real import and rationale.
9. We have examined the Tribunal order in other OA, which is distinguishable because Petitioner in that OA was an employee and acquired higher qualification during service. Similarly, Andhra Pradesh High Court judgment is also of no avail to Petitioner as it dealt with a different set of Rules.
10. We accordingly hold that incentives available for acquiring higher technical/scientific qualification in relevant Railway Circular were available to Railway staff/employees after their entry in service and not before that and a person entering service with higher qualifications was not entitled to such incentives simply because he had not acquired these as an employee.
11. View this we find no merit in this petition which is dismissed.