THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR W.P.No.32010 of 2010 ORDER (Per Sri Justice Ghulam Mohammed, J) This writ petition is filed assailing the legality and validity of the order, dated 27.07.2010, passed in O.A.No.818 of 2009 by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short ‘the Tribunal’). 2. The brief facts are that the first respondent, who is working as Lower Division Clerk in the Organization of Save Grain Campaign, was granted the first up gradation with effect from 09.08.1999 on completion of 12 years in the pay scale of Rs.4500-7000 and the second up gradation with effect from 18.07.2004 after completion of 24 years in the pay scale of Rs.5500-9000 under the Assured Career Progression (ACP) Scheme. While so, the first petitioner issued an Office Order, dated 05.01.2007, withdrawing the upgradation granted to him under ACP Scheme on the basis of Clarification No.56 issued by the Department of Personnel and Training (Establishment-D) vide Official Memo, dated 18.07.2001. Challenging the same, the first respondent filed O.A.No.110 of 2007 and the same was disposed of by the Tribunal on 21.02.2007 directing the petitioners to consider the representation of the first respondent, dated 19.01.2007. Without disposing of the said representation, the second petitioner issued order, dated 26.05.2009, reducing the pay scale of the first respondent. Hence, he filed O.A.No.485 of 2009 and the same was disposed of on 12.06.2009 directing the petitioners to pass appropriate orders after giving an opportunity of personal hearing to the first respondent. Thereafter, the second petitioner passed order, dated 24.08.2009, withdrawing the first and second financial upgradation of the first respondent. Challenging the Office Order, dated 05.01.2007 and the orders, dated 26.05.2009 and 24.08.2009, the first respondent filed O.A.No.No.818 of 2009 before the Tribunal, which in turn, allowed the same setting the said orders holding that the first respondent would be eligible to the first stage up gradation in the pay scale of Rs.4500-7000 with effect from 09.08.1999 and the second stage up gradation in the pay scale of Rs.5500-9000 with effect from 18.07.2004 with all consequential benefits. Aggrieved by the same, the petitioners filed the present writ petition. 3. The first respondent filed counter stating that as there is no Upper Division Clerk post in the Organization of Save Grain Campaign, ACP Scheme was implemented by the Government and accordingly, he was given first and second upgradation after completion of twelve years and twenty four years of service respectively. 4. Heard the learned Assistant Solicitor General and the learned counsel for the first respondent. 5. The Tribunal passed the order impugned relying upon the judgment, dated 01.10.2009, passed by its Coordinate Bench in O.A.No.717 of 2006, wherein it held as under: ‘Resultantly the position is clear and beyond any pale of controversy that clarification that has been issued, must be held to be one which is modifying the Scheme and by virtue of a clarification it could not have been so done. The Full Bench of the Tribunal accordingly held that ‘Clarification No.56 issued by the Department of Personnel & Training on 18.07.2001 will have the effect of rendering condition No.7 of the ACP scheme as redundant. It cannot take away the right that has accrued to the Government servant in his existing hierarchy with respect to the grant of the scale to be granted by way of financial upgradation. 6. The Tribunal following the judgment of its Coordinate Bench, against which no appeal is stated to have been filed, allowed the O.A. by the order impugned. In the circumstances, we are not inclined to interfere with the same. Accordingly, the Writ Petition is dismissed. ______________________ GHULAM MOHAMMED, J _______________ K.G.SHANKAR, J Date:07.02.2011 sj