Rajasthan High Court - Jodhpur
Union Of India & Anr vs Shaukat Ali on 10 February, 2009
Author: Sangeet Lodha
Bench: Sangeet Lodha
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
(1) UNION OF INDIA & ORS. VS. OM PRAKASH & ANR.
(D.B.CIVIL WRIT PETITION NO.9101/08) (2) UNION OF INDIA & ORS. VS. OM PRAKASH (D.B.CIVIL WRIT PETITION NO.9177/08) (3) UNION OF INDIA & ANR. VS. MORISH SAMSON (D.B.CIVIL WRIT PETITION NO.9178/08) (4) UNION OF INDIA & ORS. VS. DINESH KUMAR (D.B.CIVIL WRIT PETITION NO.9179/08) (5) UNION OF INDIA & ANR. VS. SHAUKAT ALI (D.B.CIVIL WRIT PETITION NO.9180/08) (6) UNION OF INDIA & ORS. VS. TULSA RAM & ANR.
(D.B.CIVIL WRIT PETITION NO.9507/08) (7) UNION OF INDIA & ORS. VS. KISHAN GOPAL & ANR.
(D.B.CIVIL WRIT PETITION NO.319/09) Date of order : 10.2.2009 HON'BLE MR.JUSTICE A.M.KAPADIA HON'BLE MR.JUSTICE SANGEET LODHA Mr.Vineet Kumar Mathur, Assistant Solicitor General ) Ms. Kausar Praveen ) for the petitioners.
Mr.Vijay Mehta, for the respondents.
1. These writ petitions are directed against a common order dated 11th September,2008 passed by the Central Administrative Tribunal,Jodhpur Bench,Jodhpur(in short "the tribunal"
hereinafter), whereby the original applications preferred by the respondents herein seeking directions for grant of benefits of Assured Career Progression Scheme( in short "ACP Scheme"
hereinafter) and to make payment of upgradation of ACP in the pay scale 4000-6000 with effect from the date of completion of 12 years of service have been allowed.
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2. The respondents were appointed as Valveman in semi skilled category in the pay scale of Rs.800-1150. However, later in pursuance of the directions issued by the tribunal, vide order dated 18.10.02 in the original application no. 51/02 and other connected matters, the respondents were granted pay scale admissible to skilled category i.e. Rs.950-1500 (pre revised )/ Rs.3050-4590(revised).
3. The Government of India introduced ACP Scheme on 9.8.99 which provides two financial upgradations on completion of 12 and 24 years of service. The respondents were granted benefits under the ACP Scheme in the scale of pay of Rs. 4000- 6000 after completion of 12 years of service. However, the ACP granted as aforesaid was later withdrawn on the ground that the scale of pay of Rs.4000-6000 would be admissible only to the highly skilled category whereas, the respondents were in the semi skilled category. That apart, the stand of the petitioners is that for grant of benefit under the ACP Scheme passing of the trade test is mandatory but since, the applicant had passed only the test relating to Pipe Fitter grade and had not passed the trade test for highly skilled category therefore, the benefits admissible to the employees on passing the trade test of higher skilled category are not admissible to the respondents. According to the petitioners since the respondents have already been granted the pay scale of Rs.3050-4590 therefore, they are not 3 entitled to financial upgradation under the ACP Scheme.
4. After due consideration of the rival submissions, the learned tribunal found that the respondents were granted the pay scale of 3050-4590 i.e. the scale admissible to skilled category with effect from the date of their initial appointment i.e. 26.2.88 in terms of the directions issued by the tribunal therefore, the contention of the petitioners that in view of the grant of pay scale of Rs.3050-4590 , the respondents are not entitled for financial upgradation under the ACP Scheme is not sustainable. The learned tribunal after due consideration of the material on record found that the petitioners have not been able to show that under which provision the applicants were required to pass the prescribed trade test. The learned tribunal opined that the ACP Scheme issued by the Government of India is an omnibus scheme applicable to all employees of various Ministries and Departments and wherever test is required to be held the same is required to be prescribed under some rules or instructions. Accordingly, by the order impugned , the learned tribunal has held that the respondents are entitled for grant of the benefits of first financial upgradation under the ACP Scheme in the pay scale of 4000-6000 on completion of 12 years of service with all consequential benefits.
5. The learned counsel appearing on behalf of the petitioners has reiterated the contentions raised on behalf of petitioners 4 before the learned tribunal.
6. Per contra, the learned counsel appearing on behalf of the respondents has supported the order passed by the learned tribunal.
7. We have considered the rival submissions and perused the material on record.
8. It is not in dispute that the respondents who were earlier fixed in the pay scale admissible to the semi skilled category i.e. Rs.800-1150, however, later in terms of the directions issued by the tribunal they were fixed in the pay scale of Rs. 950-1500 ( Rs.3050-4590) from the date of their initial appointment. Therefore, the contention of the petitioners that on account of grant of the pay scale of Rs. 3050-4590 , the respondents are not entitled for grant of first financial upgradation of Rs. 4000- 6000 on completion of 12 years of service from the date of their initial appointment is devoid of any merit.
9. It is reiterated by the learned counsel for the petitioners that for grant of scale of pay of Rs. 4000-6000 admissible to highly skilled category, the passing of the trade test is mandatory. It is to be noticed that even after the opportunities being granted by the learned tribunal, the petitioners were not able to appraise the learned tribunal as to under which provision the passing of the trade test as alleged is mandatory for grant of first financial upgradation in the scale of Rs.4000-6000. Even 5 before this court, the petitioners have not produced any material to show that for grant of first financial upgradation as aforesaid, the passing of the trade test is condition precedent. On being pointedly asked by this court to show any instructions or the rules which prescribe the passing of the trade test of high skilled category as eligibility for grant of first financial upgradation in terms of the ACP Scheme , the learned counsel had no answer except that before the learned tribunal the respondents had taken a stand that since they have already passed trade test for the post of Pipe Fitter therefore, they are not required to pass the trade test again for the highly skilled category. In our considered opinion, in absence of any specific provision providing for passing of the trade test as condition precedent for grant of first financial upgradation in terms of the ACP Scheme, the petitioners cannot insist for fulfilment of any such condition.
10. In view of the discussion above, we are of the considered opinion that the order impugned passed by the tribunal does not suffer from any error warranting interference by this court in exercise of its extra ordinary jurisdiction under Article 226 of the Constitution of India.
11. In the result, the writ petitions fail, the same are hereby dismissed. No order as to costs.
(SANGEET LODHA),J. (A.M.KAPADIA),J.