Central Administrative Tribunal - Delhi
Sridhar Prakash vs Union Of India (Through Secretary) on 3 June, 2009
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA NO.1608/2009 New Delhi, this the 3rd day of June, 2009 HONBLE SHRI JUSTICE M. RAMACHANDRAN, VICE CHAIRMAN(J) HONBLE SHRI SHAILENDRA PANDEY, MEMBER (A) Sridhar Prakash S/o Shri B.D.Kukreti 1430-A, Sector-29 Faridabad (Haryana). Applicant (By Advocate: Sh. Sridhar Prakash) Versus Union of India (through Secretary) Ministry of Home Affairs North Block New Delhi 110 001. National Crime Records Bureau (Through Director) East Block No.7 R.K.Puram New Delhi 110 066. Respondents ORDER (Oral) By Shailendra Pandey, Member (A):
In the present application, the order dated 17.09.2008, [passed in response to the directions given in earlier OA No.1306/2008] whereby the applicant has been denied grant of the second financial upgradation w.e.f. 10.02.2006, is under challenge.
2. The brief facts of the case are that the applicant joined the Intelligence Bureau as Senior Mechanic in 1969 and was promoted as Junior Intelligence Officer Grade-I (Mechanic) in 1971. Thereafter, he joined the Directorate of Coordination Police computer as Sub-Inspector on deputation with effect from 10.02.1982, where he was subsequently absorbed with effect from 25.08.1984. In 1986, the Directorate of Coordination Police Computer was merged with the National Crime Records Bureau (NCRB). On rationalization of Electronic Data Processing (EDP) posts in NCRB, the post of Sub-Inspector was re-designated as DPA Grade `A with effect from 11.09.1989. The applicant was given the EDP scales as well as consequential benefits w.e.f. 1.01.1986 on the directions of this Triubunal in OA No.1034/2003. He was promoted as DPA Grade `B with effect from 29.09.1989.
3. The claim of the applicant is that he has received only one promotion in his career with NCRB and, therefore, he is eligible for grant of 2nd Financial Upgradation under the Assured Career Progression Scheme (ACP Scheme), w.e.f. 10.02.2006 when he completed 24 years of service with the NCRB. Though the applicant submitted several representations but no response had been received and, therefore, he filed OA No.1306/2008 before this Tribunal, which was disposed of on 3.7.2008 with the following directions:
3. In our view, it would be necessary in the first instance in this case to direct the Respondents to consider the representations aforesaid of the Applicant and take a view in the matter by passing a detailed speaking order. The second Respondent herein is directed to comply with our directions within three months of the receipt of a certified copy of this order. Since the interest of the Respondents is not being affected adhered by these conditions. It is not considered necessary to issue notice in this case. Should the grievance of the Applicant survive even after the consideration by the Respondents, he would be at liberty to take appropriate legal remedy in the matter.
4. In compliance to the above directions of this Tribunal, the respondents have passed the impugned order dated 17.09.2008 rejecting the claim of the applicant for 2nd Financial Upgradation under the ACP Scheme on the ground that the applicant does not possess the required educational qualification as envisaged in the Recruitment Rules for the post of JSO and as is required under Clarification No.16 of ACP Scheme. Hence, the present application has been filed.
5. We have heard the learned counsel for the applicant and have perused the material on record.
6. Clarification No.16 of ACP Scheme (OM dated 10.2.2000) reads as under:
Sl.No. Point of doubt Clarification
6. The relevant Recruitment/Service Rules prescribe departmental examination/skill test for vacancy based promotion. However, this need not be insisted for upgradation under ACPS. As per the scheme (condition No.6), all promotion norms have to be fulfilled for upgradation under the Scheme. As such, no upgradation shall be allowed if an employee fails to qualify departmental/skill test prescribed for the purpose of regular promotion.
7. Thus, as per the ACP Scheme, all promotion norms have to be fulfilled to get financial upgradation, i.e., the officer concerned should be eligible for normal promotion in terms of the relevant recruitment rules. If that be so, admittedly as the applicant has not fulfilled the required educational qualifications for the post of JSO, he is not entitled for the said financial upgradation. There being no merit in the application, the OA is dismissed at the admission stage itself. No costs.
(Shailendra Pandey) (M. Ramachandran)
Member (A) Vice-Chairman(J)
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