Jammu & Kashmir High Court
Uoi.Th.Minis.Of Communication And ... vs Ashok Kumar Sharma on 4 November, 2013
Author: Hasnain Massodi
Bench: Hasnain Massodi
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
SWP No.2347/2013
CMA No.3450/2013
Date of order: 04.11.2013
Union of India and others.
v.
Ashok Kumar Sharma
Coram:
Hon'ble Mr. Justice M. M. Kumar, Chief Justice
Hon'ble Mr. Justice Hasnain Massodi, Judge
Appearing counsel:
For the petitioner(s) : Mr. R.P.Jamwal, CGSC.
For the respondent(s) :
i) Whether approved for reporting
in Press/Media : Yes.
ii) Whether to be reported
in Digest/Journal : Yes.
____________________________________________________________________ M.M.Kumar , CJ
1. Union of India has filed the instant petition challenging order dated 07.01.2013 rendered by Central Administrative Tribunal, Chandigarh (for brevity, the Tribunal) accepting the claim made by the original applicant. According to the directions issued, the original applicant has been found entitled to grant of ACP Scale and the controversy has been disposed of by a short order, which reads as under:-
"2. There is complete want of controversy about the fact that an employee who earns promotion would not be entitled to the financial upgradation on completion of the required period of service. What appears to have happened in this case is that there was revision of pay-scale of the post which the applicant was occupying. By the very nature of things, the revision of pay-scales cannot be taken to be a promotion.
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3. In that view of things, we negate the premise adopted by the respondents in denying the applied-for financial upgradation to the applicant.
4. We would, accordingly, allow the O.A. and uphold the entitlement of the applicant to the applied-for financial upgradation.
5. There shall be no order as to costs of the cause in the facts and circumstances of the case."
2. In order to put the issue in its proper perspective it may be desirable to set out few facts. The Union of India unfolded a scheme granting higher pay scales to its employees which came to be known as ACP Scheme. According to the scheme, if an employee has been working without promotion for 12 years then he becomes entitled to next higher pay scale. After a period of 24 years he would becom entitled to further higher pay scale. The aforesaid scheme appears to have been floated in order to break stagnation and to improve efficiency in civil services, which infact was inspired by various judgments delivered by Hon'ble the Supreme Court including Council of Council of Scientific and Industrial Research v. K.G.S.Bhatt, (1989) 4 SCC 635 and Dr.(Ms.) O.Z.Hussain v. Union of India, 1990 (Sup) SCC 688. It has been repeatedly observed by their Lordships of Hon'ble the Supreme Court that in order to improve efficiency in civil services an employee must be given two promotions in one's career. Accordingly, ACP scheme has been devised by the Union and State Governments. 3
3. The facts of the present case are that Ashok Kumar Sharma-original applicant was appointed on the post of Postal Clerk in the Department of Posts on 01.10.1986 in the pay scale of 4000-6000. He kept on working as such. He completed the period of 12 years some where in 1998. The Government of India decided to set a separate Postal Accounts Office for J&K Circle in the year 2001 after bifurcating existing Postal Accounts Office, Kapurthala. As circulated vide Memo No.SPC/PAO-Misc/2001 dated 01.05.2001 from the existing staff option/willingness from the Postal Assistants/Sorting Assistants from different Postal Divisions and Railway Mail Service Division, J&K Circle were invited. The minimum qualification fixed was graduation and their transfers were to be regulated in accordance with the Postal Directorate Letter No.141-25419-SPB-11 dated 20.09.1990 and the seniority for promotion for 80% higher grade was to be counted from the date of joining as Postal Accounts Office. The original applicant- respondent showed his willingness to be transferred vide his application dated 30.05.2001 for the post of Junior Accountant. Accordingly, his transfer orders for permanent absorption in PAO, Jammu were issued on 15.06.2001 and he joined on 19.06.2001. His pay scale 4 continued to be Rs.4000-6000. However, later on his pay scale as Junior Accountant was revised w.e.f. 01.01.1996 to Rs.4500-7000 notionally. However, the financial benefits were to be given from 19.02.2003 vide Ministry of Finance Letter No.F.No.6/82/E-111(B)/91 dated 28.02.2003. When he claimed entitlement to ACP grade then his case was rejected by the Department by taking the stand that he has earned promotion by virtue of revision of pay scale which was revised from Rs.4000- 6000 to 4500-7000. The Tribunal has rejected the aforesaid rational and has directed grant of ACP scale in favour of the original applicant-respondent.
4. We have heard learned counsel for the petitioner and perused the record.
5. It may be true that the Tribunal has not gone in detail yet the conclusion reached by the Tribunal cannot be faulted. The original applicant-respondent is entitled to grant of benefit of ACP Scheme on completion of 12 years of service in the cadre of Postal Clerk. Merely because the pay scale has been revised would not ipso facto result in defeating his right to claim the benefit under the ACP scheme. Accordingly, we find no merit in the petition.
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6. In view of the aforesaid, this writ petition fails and same is dismissed (Hasnain Massodi) (M. M. Kumar) Judge Chief Justice Jammu, 04.11.2013 Vinod