Delhi High Court
Union Of India & Anr. vs Anil Verma on 23 November, 2012
Author: Badar Durrez Ahmed
Bench: Badar Durrez Ahmed, Siddharth Mridul
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 23.11.2012
W.P.(C) 2789/2012 & CM 6016/2012
UNION OF INDIA & ANR. ..... Petitioners
versus
V.K.SALDHI & ORS. ..... Respondents
and
W.P.(C) 2790/2012 & CM 6018/2012
UNION OF INDIA & ANR. ..... Petitioners
versus
ANIL VERMA ..... Respondent
Advocates who appeared in these cases:
For the Petitioners : Mr Rajinder Nischal
For the Respondents : Mr Ajesh Luthra in WP(C) No.2789/2012.
Mr Deepak Verma in WP(C) No.2790/2012.
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
JUDGMENT
BADAR DURREZ AHMED, J (ORAL)
1. These writ petitions raise a common issue and, therefore, are being disposed of together. The writ petitions arise out of the common order dated WP(C) 2789 & 2790 of 2012 Page 1 of 4 14.11.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.3783/2010 and OA No.3035/2011. By virtue of the said order dated 14.11.2011, the respondents herein and the applicants before the Tribunal (except Mr N.C.Rai) were granted the benefit of financial upgradation under the ACP (Assured Career Progression) Scheme by counting their past service prior to their being declared surplus and prior to their redeployment. Subsequently, Mr N.C.Rai also filed a review application being RA No.31/20112 and he was also granted the benefit by virtue of the order dated 09.07.2012.
2. Before us, the learned counsel for the petitioners has placed reliance on the DoPT's OM dated 10.02.2000. In fact he placed reliance on the following portion of the said OM:-
"However, if the appointment is made to higher pay scale either as on direct recruitment or on absorption (transfer) basis or first on deputation basis and later on absorbed (on transfer basis), such appointment shall be treated as direct recruitment and past service/promotion shall not count for benefits under ACPS."
3. He submitted that this OM would apply to the respondents and therefore their appointments would have to be treated as being by way of direct recruitment and their past service would not count for benefits under WP(C) 2789 & 2790 of 2012 Page 2 of 4 ACP scheme.
4. On the other hand, the learned counsel for the respondents contended before us that the said OM does not apply to them at all because theirs was not a case of direct recruitment or absorption. They had in fact been declared surplus and then redeployed and such a situation has been specifically dealt with in condition 14 of the Conditions for grant of benefits under the ACP Scheme itself. The said condition 14 read as under:-
"14. In case of an employee declared surplus in his/her organization and in case of transfers including unilateral transfer on request, the regular service rendered by him/her in the previous organization shall be counted along with his/her regular service in his/her new organization for the purpose of giving financial upgradation under the Scheme;"
5. It is apparent that it deals specifically with the case of employees who had been declared surplus which is the very case of the respondents. Consequently, condition 14 would squarely apply to the respondents and if that be the case, the regular service rendered by such employees in their previous organizations prior to their being declared surplus would be counted along with their regular service in the new organization for the purpose of giving financial upgradation under the Scheme. We are entirely in agreement with the submissions made by the learned counsel for the WP(C) 2789 & 2790 of 2012 Page 3 of 4 respondents as also the conclusion arrived at by the Tribunal. The case of the respondents is squarely covered by condition 14 of the Conditions for grant of benefits under the ACP Scheme and it is not covered by the said OM dated 10.02.2000 which only deals with direct recruitments or absorptions.
6. In view of the foregoing the writ petitions are dismissed. There shall be no order as to costs. Pending applications also stand disposed of.
BADAR DURREZ AHMED, J SIDDHARTH MRIDUL, J NOVEMBER 23, 2012 mk WP(C) 2789 & 2790 of 2012 Page 4 of 4