- (1.)The Respondents in these Appeals were applicants before the Central Administrative Tribunal, Principal Bench, New Delhi (for short, 'the Tribunal'). They preferred O.A. No. 579 of 2002 against the Appellants seeking quashing of the order dated 10.8.2001 and also sought a direction to grant the scale of Rs. 10000-325-15200/- to them and all other members of Grade-I (DASS) Officers' Association from the date they had completed 24 years of regular service or 9.8.1999, whichever is later.
(2.)The aforesaid claim was founded upon the Assured Career Progression Scheme (for short, 'ACPS') introduced w.e.f. 9.8.1999 which, inter alia, provides for benefit of second financial upgradation on completion of 24 years of regular service to such Central Government civilian employees who faced stagnation and had not been granted two promotions during their service tenure. The controversy or the dispute arose in the background of some relevant facts which are as follows.
(3.)The Respondents were appointed as Grade-II in the Delhi Administration Subordinate Service (for short, 'DASS'). They were promoted to the post of Grate-I between 1986 and 1989. They had completed 24 years of regular service between 1998 and 2001 and were thus eligible for second financial upgradation from 9.8.1999 or date of completion of 24 years of service, whichever is later. The pay scale of Grade-II of DASS was Rs. 5000-150-8000/- and Grate-I was in the pay scale of Rs. 6500-200-10500/-. The Grade-I of DASS was the feeder grade for the next promotional grade in the hierarchy which was Grade-II (Group B) under the Delhi Andaman and Nicobar Island Civil Service (for short, 'DANICS') but unfortunately the Grade-II (Group B) of DANICS also had the same pay scale of Rs. 6500-200-10500/-. Because the feeder and the promotional grades, though at two levels in the hierarchy, had the same scale of pay, therefore, a clarification being Clarification 52 was issued by the Department of Personnel & Training vide O.M. No. 35034/1/97-Estt.(D)/Vol.IV dated 18.7.2001, to the effect that since the feeder and promotional grades in the hierarchy were in the same scale of pay, the benefit of financial upgradation under the ACPS has to be allowed in the same scale for the reason that under the ACPS financial upgradation has to be allowed as per the exiting hierarchy. Financial upgradation cannot be allowed in a scale higher than the next promotional grade. In such cases, however, as per Condition No. 9 of the ACPS issued vide Department of Personnel & Training O.M. dated 10.2.2000, pay shall be fixed under the provisions of F.R. 22(I)(a)(1) subject to a minimum benefit of Rs. 100/-.