IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 21811 of 2007(S) -------------------------- OA.263/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------- R. JUSTUS, AGED 62 YEARS, DUPLICATING MACHINE OPERATOR-B,STAFF CODE NO.42210 G.S.L.V. PROJECT, VIKRAM SARABHAI SPACE CENTRE, INDIAN SPACE RESEARCH ORGANIZATION, THIRUVANANTHAPURAM-695 022. BY ADV. SRI.P.V.MOHANAN SRI.P.N.SANTHOSH RESPONDENTS: ---------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF SPACE, GOVERNMENT OF INDIA, ANTHAREEKSHA BHAVAN, NEW B.E.L. ROAD, BANGALORE-560 094. 2. THE VIKRAM SARABAI SPACE CENTRE, REPRESENTED BY ITS DIRECTOR, VSSC, ISRO POST, THIRUVANANTHAPURAM-695 022. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.P(C)NO: 21811 OF 2007C ------------------------------ Dated this the 1st January, 2008. JUDGMENT Balakrishnan Nair, J. The writ petitioner dissatisfied with Ext.P1 order of the Central Administrative Tribunal, Ernakulam bench in O.A.263/2005 has filed this writ petition. The brief facts of the case are the following: 2. The petitioner joined the service of the second respondent as Attender 'A' on 15.10.1972 in the scale of pay of 70-85. He was promoted as Attender 'B' by order dated 16.7.1976 with effect from 13.8.1974. The second respondent became part of a Central Government Department with effect from 1.4.1975. 3. As per the recommendations of the 5th Central Pay Commission ACP scheme was introduced providing for grant of higher grades on completion of 12 years and 24 years service without promotion. The relevant clauses regarding upgradation are paragraphs 4 and 5 of Annexure R1(a) produced along with Ext.P3 in this writ petition. The said clauses read as follows:- “4. The first financial upgradation under the ACP Scheme shall be allowed after 12 years of regular service and the second upgradation after 12 WPC 21811/07 2 years of regular service from the date of the first financial upgradation subject to fulfilment of prescribed conditions. In other words, if the first upgradation gets postponed on account of the employee not found fit or due to departmental proceedings etc this would have consequential effect on the second upgradation which would also get deferred accordingly. 5.1. To financial upgradations under the ACP Scheme in the entire Government service career on an employee shall be counted against regular promotions (including in-situ promotions and fast track promotion availed through limited departmental competitive examination) availed from the grade in which an employee was appointed as a direct recruit. This shall mean that two financial upgradations under the SCP Scheme shall be available only if no regular promotions during the prescribed periods (12 and 24 years) have been availed by an employee. If an employee has already got one regular promotion, he shall qualify for the second financial upgradation only on completion of 24 year years of regular service under the ACP Scheme. In case two prior promotions on regular basis have already been received by an employee, no benefit under the ACP Scheme shall accrue to him” 4. The above scheme was introduced with effect from 7.9.1999. The petitioner was given first upgradation by order dated 7.12.1999 with effect from 7.9.1999 in the scale of pay of Rs.3050-4590. Later he was promoted to the post of Duplicating Machine Operator 'B' by order dated 24.6.2002 which was also carrying the above scale of pay. Therefore, as a result of that promotion he was not granted any monetary benefits. Since he was going to retire on 31.3.2005 petitioner represented claiming that he may be given the second upgradation also. The said prayer having WPC 21811/07 3 been rejected the petitioner moved the Central Administrative Tribunal by filing the Original Application. The said application was rejected. Hence this writ petition. 5. Though the respondents resisted the application on certain different grounds the Tribunal found that the petitioner actually earned one promotion on 13.8.1974. He has been granted one upgradation with effect from 7.9.1999. Therefore, he is not entitled to any further upgradation. This finding is challenged by the petitioner. According to him he should be treated as having joined the government service on 13.8.1974 and thereafter he did not get any promotion for 24 years and therefore he should be granted two upgradations in terms of the aforementioned scheme. The petitioner's service was absorbed in the department with effect from 1.4.1973. The entire service rendered by him under the 2nd respondent is treated as government service. This will be evident from the promotion granted to him on 16.7.1976 with effect from 13.8.1974. Therefore the claim of the petitioner that the initial promotion given to him should be ignored for the promotion of ACP Scheme may not be accepted. If the said contention is rejected, we find nothing illegal in the finding of the Tribunal. The Tribunal, on the other hand, found that he WPC 21811/07 4 earned one promotion and got one ACP upgradation scheme and therefore, rejected the prayer of the petitioner. We find nothing illegal or improper with the same. Writ petition is accordingly dismissed. K.BALAKRISHNAN NAIR Judge P.N.RAVINDRAN Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: