IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 38 of 2009(S) ----------------------- OA.192/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS/RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, CABINET SECRETARIAT, 7, BIKANER HOUSE (ANNEXE), SHAHJAHAN ROAD, NEW DELHI - 110 003. 2. THE DIRECTOR (PERSONNEL), CABINET SECRETARIAT, 7, BIKANER HOUSE (ANNEXE), SHAHJAHAN ROAD, NEW DELHI - 110 003. 3. THE DEPUTY COMMISSIONER (ADMN) SPECIAL BUREAU, GOVERNMENT OF INDIA, CGO COMPLEX, RAJAJI BHAVAN, BESANT NAGAR, CHENNAI. 4. THE DEPUTY COMMISSIONER, SPECIAL BUREAU, CBI ROAD, KATHRIKADAVU, COCHIN-17. 5. THE ASSISTANT COMMISSIONER, SPECIAL BUREAU, GOVERNMENT OF INDIA, T.C NO. 77/1312, DEVARAGAM, SREE NARAYANA NAGAR, PETTAH.P.O, THIRUVANANTHAPURAM - 695 024. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENT/PETITIONER: --------------- R. KRISHNAN KUTTY, SENIOR FIELD ASSISTANT, SPECIAL BUREAU, GOVERNMENT OF INDIA, T.C NO. 77/1312, DEVARAGAM SREE NARAYANA NAGAR, PETTAH.P.O, THIRUVANANTHAPURAM - 695 024. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & K.SURENDRA MOHAN, JJ. --------------------------------- W.P.(C) No. 38 OF 2009 -------------------------------- Dated this the 5th day of January, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The writ petitioners are the respondents in O.A.No.192/2007. The respondent herein was the applicant. The said Original Application was allowed by the C.A.T. by Ext.P3 order dated 14.2.2008. Aggrieved by the said order, this writ petition is filed by the respondents in the O.A. 2. The brief facts of the case are the following: The applicant/respondent joined service under the respondents as Security Guard on 19.2.1973 in the scale of pay of Rs.85-110. He was promoted from the post of Field Assistant to the post of Senior Field Assistant in 1991. In view of the Assured Career Progression Scheme introduced with effect from 9.8.1999, the applicant was entitled to get second financial upgradation, as he has already completed 24 years of service and he got only one promotion. By order dt.14.12.1999, he was W.P.(C) No.38/2009 2 given the second upgradation also. But, the order was never implemented. Later, he came to know that the said order has been cancelled though the cancellation order was not served on him. 3. For security guards under the writ petitioners there were two grades. The matriculates among them were paid a higher scale of pay. Owing to judicial pronouncement, the said discrimination was removed and all of them were given the scale of pay being paid to the matriculate employees with effect from 1.1.1973. As a result, the petitioner got the benefit of higher scale of pay from the date he joined in 1973. It appears, the said upgradation was taken as a promotion and that was apparently the reason for not granting the second upgradation. In the above background, the respondent/applicant approached the C.A.T. and C.A.T. upheld the contentions of the applicant and ordered to grant him the second financial upgradation with effect from 14.12.1999 by the impugned Ext.P3 order. W.P.(C) No.38/2009 3 4. The petitioners challenge that order in this writ petition. But, we find that no valid ground has been raised to interfere with the same. It is the admitted position that the applicant get only one promotion during his long career extending more than 24 years. Going by the A.C.P. Scheme, he was eligible to get the second upgradation with effect from 9.8.1999, the date with effect from which the scheme was introduced. In view of the said admitted position, we find nothing wrong with the order of the C.A.T. The writ petition is devoid of any merit and accordingly it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (K.SURENDRA MOHAN, JUDGE) ps