RASHEED AHMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India takes exception to the judgment of the Central Administrative Tribunal, Jabalpur Bench, Jabalpur, dated 4th April, 2008, in Original Application No.812/2006. The said original application was filed by the petitioner against the order dated 7.6.2006, whereby his request for grant of financial upgradation under the Assured Career Progression Scheme (for short 'ACP') was rejected. The Tribunal relying on the fact that the Appellate Authority vide order dated 9.5.2002 imposed additional 2 punishment that the period between removal from service to the date of reinstatement shall not be counted as on duty, negatived the claim of the petitioner and refused to grant any relief to the petitioner on the finding that the decision of the Appellate Authority has become final.

(2.) For considering the grievance of the petitioner, we would refer to the operative order of the Appellate Authority dated 9.5.2002, which reads thus :

(3.) From the plain language of this order, it is evident that the punishment which has become final against the petitioner was one of not to count the period between removal from service to the date of his reinstatement as on duty and nothing more. Whereas, the Assistant Works Manager/Administration in the 3 impugned decision dated 7th June, 2006, proceeded on the basis that the petitioner's service period from 25/6/1988 cannot be reckoned for the purpose of grant of ACP to the petitioner. The operative part of the impugned communication dated 8.6.2006 reads thus :