Decided on February 02,2007

The Executive Engineer Appellant
Shri Narayan Respondents


- (1.) Rule DB. With the consent of the learned Counsel for the Petitioner, the Writ Petition is taken up for final disposal.
(2.) This Writ Petition challenges the order dated 18th September, 2006 passed by the Central Administrative Tribunal, Principal Bench in OA No. 2882 of 2005. The Respondent who was the applicant before the CAT, Principal Bench, New Delhi was working as Assistant Plumber with PWD of Delhi Administration. The applicant/respondent after completion of 24 years of service had been granted a second financial upgradation in the pay scale of Rs. 4000-6000 by the orders issued in March, 2002, but the same was withdrawn by the order dated 14th December, 2005 passed by the Superintendent Engineer (Respondent No. 3 before CAT) and the pay scale was reduced to Rs. 2750-4400.
(3.) The case set up by the Respondent before the Tribunal was that similar benefits were given to Shri Ram Niwas whose case was decided by the Tribunal vide judgement dated 29th October, 2004 in OA No. 2130/2003. It is not disputed as alleged by the Respondent that the Judgement in Shri Ram Niwas s case has become final. Other pleas raised by the Respondent were that the wages were reduced without giving an opportunity to the Respondent and no trade test of Plumber since 1979 had been held and he had been denied the benefit of ACP only on the ground that he had not passed the test of plumber and had passed the trade test only of Assistant Plumber. The Tribunal held as follows: (a) As per the Office Memorandum dated 21.05.2001 the requirement of trade test has to be made before grant of financial upgradation and only the incumbents who are fully eligible for promotion under the recruitment rules but did not receive promotion within 12/24 years have become eligible for ACP. (b) The respondent had passed trade test for Assistant Plumber but had not met the requirements of trade test for Plumber before grant of financial upgradation. The respondent therefore was required to qualify the trade test for grant of benefit of second financial upgradation, besides eligibility for promotion under the recruitment rules. (c) The ACP benefit was accorded to the Respondent for no fraud and mis-representation on his behalf therefore the Petitioner s Department was not entitled to recover the amount paid to the Respondent after financial upgradation in the grade of 4000-6000 with effect from 11.03.2002.;

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