- (1.) Costs paid.
(2.) This order shall dispose of CWP Nos. 19225, 19227 and 19255 of 2010, which have been filed by the Union of India and its officers against orders dated 19.1.2010 and 2.3.2010 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, 'the Tribunal'), holding that the Original Applicant-private re-CWP Nos. 19225, 19227 & 19255 of 2010 respondent(s) were entitled to the grant of second ACP w.e.f. 9.8.1999 till the date of their retirement. The aforesaid relief has been granted on the basis of admission made by the petitioners to the effect that the Original Applicant-private respondents were entitled to grant of second ACP w.e.f. 9.8.1999. The only excuse put forward before the Tribunal was that there was confusion as to which authority would initiate their pay fixation as they were working in the capacity of officer. After various discussions held in the office of RO CE WC Chandimandir/Chandigarh it was decided on 21.4.1999 in joint discussion that the matter of pay fixation of the Original Applicants would be initiated by the CRO (O) Delhi. The Tribunal granted the benefit of second ACP w.e.f. 9.8.1999 as also awarded interest @ 6% on the arrears.
(3.) The only argument raised by Mr. Goyal, learned counsel for the petitioners is with regard to payment of interest at the rate of 6% on the arrears of pay from 9.8.1999 to 31.1.2006. The basic issue raised by Mr. Goyal is that relaxation of degree has been granted by letter dated 22.2.2007 (A-4) which suggests that for promotion to the post of Executive Engineer the requirement of degree has been relaxed. The argument seems to be that once the requirement of degree has been relaxed only then the Original Applicant-private respondents becomes entitled to the grant of second ACP and, therefore, interest could have been paid only after the date of issuance of that letter i.e. 22.2.2007 (A-4).;