- (1.) This appeal is directed against the judgment and order dated 8th April, 2003 passed by the Division Bench of the Kerala High Court allowing the writ petition filed by the respondent Union of India, Ministry of Defence.
(2.) The issue that arose for consideration before the High Court and also before the Central Administrative Tribunal was whether the appellants herein were entitled to claim the benefit of three advanced increments from the dates of their appointment on the basis of higher qualification of Degree in Engineering. The appellants claim the aforesaid benefits of grant of three advanced increments on the basis of their having higher qualification. They claim to be entitled to payment of such three advanced increments on the basis of the circulars dated 4th of February, 1969 and 2nd of June, 1971, which provided for grant of advanced increments. Both the aforesaid circulars were issued by the Ministry of defence.
(3.) In the said circulars issued, it was provided that non-gazetted civilians paid from Defence Service Estimates and serving in technical/scientific grade and who possessed a Degree in Engineering would be entitled to three advanced increments for possessing such qualifications. It is clearly revealed from the record that the aforesaid incentives and benefits which were allowed in favour of the non-gazetted civilians belonging to the Defence Establishments were, however, withdrawn by a subsequent circular issued by the Ministry of Defence on 18th of March, 1974. In the subject of the said circular it was mentioned that the circular relates to the issue of grant of advanced increments to Engineering graduates appointed to the post for which the minimum prescribed qualification is an Engineering Diploma. It was also mentioned therein that the subject matter of the circular relates to withdrawal of the aforesaid concessions on the basis of and due to the recommendation of the Third Pay Commission.;