IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16937 of 2008(S)
1. UNION OF INDIA, REPRESENTED BY THE
... Petitioner
2. THE CONTROLLER GENERAL OF DEFENCE
3. THE CONTROLLER OF DEFENCE ACCOUNTS
4. THE ASST CONTROLLER OF DEFENCE
5. THE SENIOR ACCOUNTS OFFICER (AN)
6. THE ASSISTANT ACCOUNTS OFFICER (AN)
Vs
1. S.SUBRAMANIAN, SR.AUDITOR,
... Respondent
For Petitioner :SRI.TPM.IBRAHIM KHAN,SENIOR PANEL COUNS
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :23/06/2008
O R D E R
K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ
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W.P.(C)NO. 16937 OF 2008
============================
DATED THIS THE 23rd day of June 2008
JUDGMENT
Balakrishnan Nair,J.
The respondents in O.A.No.603/2006 are the writ
petitioners. The respondent herein is the applicant in the O.A.
The brief facts of the case are as follows:
2. The applicant was initially appointed as L.D.Clerk in the
scale of pay of Rs.110-180(revised to 260-400) in the National
Savings Organization with effect from 15-1-1971. Later he was
placed in the higher scale of pay of Rs.1200-1800 as Selection
Grade L.D.Clerk with effect from15-2-1985. Thereafter, he was
actually promoted as U.D.Clerk in the scale of pay of Rs.1200-
2040 with effect from 17-7-1991. Thereafter, the scale of pay of
Rs.1200-1800 of the Selection Grade L.D.Clerk and the scale of
Pay of Rs.1200-2040 of the U.D.Clerk were merged with effect
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from 1-1-1986.
3. Later, the applicant was declared as a surplus employee
in the National Savings Organisation and was absorbed in the
Defence Accounts Department as Auditor in the scale of pay of
Rs.1200-2040. Still later, he was promoted as Senior Auditor.
4. While so, the Assured Career Progression Scheme was
introduced with effect from 9-8-1999. As per the scheme an
employee, who has completed 24 years of service and got only
one promotion is entitled to get upgradation with effect from the
date of completion of 24 years or from 9-8-1999, whichever is
later. The applicant claimed that his promotion as U.D.Clerk
should be ignored in view of the Office Memorandum issued by
the Department of Personnel and Training on 10-2-2000. If that
be so, during the 24 years of service, he got only one promotion,
i.e. from Auditor to Senior Auditor and so he is entitled to get
upgradation as per the A.C.P.scheme. When the said relief was
not granted by the writ petitioners, who are the respondents in
the O.A., the respondent herein filed Ext.P1 O.A. The
respondents resisted the application by filing a reply statement.
WPC.16937/2008 -3-
5. After hearing both sides, the O.A. was allowed by Ext.P4
order dated 5-3-2008. The operative portion of the order reads
as follows:
“We have heard Shri Ajith Narayanan, counsel for the
applicant and Shri. C.M.Nazar,ACGSC for respondents.
The undisputed fact is that the applicant was initially
appointed as an LDC in the scale of Rs.110-180,
(revised to Rs.260-400) in the NSO with effect from
15-2-1971 and he was placed in the higher scale of
Rs.1200-1800 as Selection Grade LDC with effect from
15-2-1985. Later, he got a promotion as UDC in the
scale of Rs.1200-2040 in the same organization with
effect from 17-7-1991. Thereafter, the scale of
Rs.1200-1800 and the scale of Rs.1200-2040 got
merged. It is also a fact that the applicant was
declared as surplus employee in the NSO and he was
redeployed in the DAD as Auditor in the same scale
of Rs.1200-2040 and the regular service rendered by
him in NSO was counted along with his regular service
in his DAD for the purpose of giving financial
upgradation under the Scheme. It is in this context
that the clarification of the DOPT made vide OM
No.35634/1/97 ESTD (D) dated 10-2-2000 becomes
relevant. It says “An employee who got promoted
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from lower pay scale to higher pay scale as a result
of promotion before merger of pay scales shall be
entitled for upgradation under ACPS ignoring the
said promotion as otherwise he would be placed in a
disadvantageous position vis-a-vis the fresh entrant
in the merged grade.” The merger of two scales in
this case has taken place after the applicant was
promoted as UDC in NSO on regular basis. Hence the
aforesaid clarification of UDC squarely applies in his
case and the promotion given to him as UDC with
effect from 17-7-1991 in NSO has to be ignored .
Resultantly and in effect applicant was granted only
Selection Grade in LDC grade which is not a
promotion. Therefore, the only promotion given to
him in his entire service career was as Senior auditor
in DAD with effect from 17-7–1991. Hence, he is
entitled to have his financial upgradation under ACP
Scheme after completing 24 years of service from 15-
2-1971 i.e.by 15-2-1995 or with effect from 9-8-
1999, i.e.date from the ACP Scheme came into
existence whichever is later. Accordingly, the
respondents shall grant him the financial upgradation
to the applicant under the ACP Scheme with effect
from 9-8-1999 and we order accordingly.
Respondents are also directed to issue the necessary
WPC.16937/2008 -5-
orders in this regard within two months from the date
of receipt of this order. The O.A.is allowed in the
above terms. There shall be no order as to costs.”
6. The writ petitioners attack the above directions on the
ground that the applicant has got promotion as U.D.Clerk while
working in the National Savings Organisation. Therefore, during
his career, he got two promotions and therefore, he is not
entitled to the benefit of upgradation on completion of 24 years
of service. But we notice that the Central Administrative Tribunal
ignored the promotion from the post of L.D.Clerk to U.D.Clerk
relying on O.M. 35634/1/97/Estd.dated 10-2-2000 issued by the
Department of personnel & Training. The said O.M. specifically
says, if lower scale of pay and higher scale of pay are merged
and anybody got promotion before the merger, such promotion
should be ignored for the purpose of A.C.P. Otherwise fresh
recruits in the upgraded higher scale of pay will be stealing a
march over the seniors who came to be in the higher scale of
pay by promotion while working in the lower scale of pay. In
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view of the said circular, the respondent/applicant can rightly
contend that promotion to the post of U.D.Clerk should be
ignored. The said promotion has rightly been ignored by the
Central Administrative Tribunal. We find no reason to interfere
in the said decision of the C.A.T. Accordingly, the writ petition is
dismissed.
Sd/
K. BALAKRISHNAN NAIR,
JUDGE
Sd/-
M.C. HARI RANI
JUDGE
ks. True copy
P.S.TO JUDGE