- (1.) THE contradictory clarifications given by the Ministry of Personnel, Public Grievances and Pensions and the Ministry of Finance, Department of Revenue, Government of India with respect to extension of benefits to first/second financial upgradations under Assured Career Progression Scheme (hereinafter referred to as "ACPS") and the question as to whether the benefits of financial upgradation in the promotional hierarchy under ACPS would be given recognition in the revised pay structure in terms of the clarification given on point of doubt No. 3 of the Annexure to the Office Memorandum dated 9 September 2010 issued by the Department of Personnel and Training, resulted in taking different views by different departments and at times by different officers in the very same department and initiation of Original Proceedings before the Central Administrative Tribunal by those who were aggrieved on account of the consequential action taken in accordance with such clarifications/instruction. The facts:
(2.) THE petitioner joined the service of Customs and Central Excise Department in 1982. He was promoted to the grade of Superintendent in April 2001. The Central Government introduced a Scheme called ACPS in the year 1999 for the purpose of assuring two career advancements to Central Government Servants who have been languishing without promotion for more than twelve years. The scheme envisaged two financial upgradations after every twelve years of service. The scheme has been further enlarged by issuing Modified Assured Career Progression Scheme (hereinafter referred to as "MACPS") in the year 2009.
(3.) THE petitioner who was granted third financial upgradation under the erstwhile ACPS was placed in the pay scale of Rs.15600 -39100 in Pay Band - 3 with Grade Pay of Rs.5400/ -. The petitioner was given third financial upgradation after completing 30 years of service. He was placed in the pay scale of Rs.15600 -39100 in Pay Band -3 with Grade Pay of Rs.6600/ - by order dated 12 December 2012.;