ARUN PALLI, J. - (1.) VIDE this order, we shall decide two writ petitions bearing CWP No.19592 -CAT of 2007 and CWP No.12236 -CAT of 2009. The issue involved being common, the facts are being culled out from CWP No.19592 -CAT of 2007.
(2.) RESPONDENT No.1, joined service as Postal Assistant in the Office of Senior Superintendent of Post Offices, Srinagar, on 07.07.1975. After qualifying the departmental examination, he was promoted as Upper Division Clerk (UDC) on 01.11.1980. On his request, under Para 38 of P & T, Vol.IV, he was transferred to Lucknow Postal Accounts Circle and posted as Junior Accountant w.e.f. 11.08.1992. He was promoted as Senior Accountant in the scale of Rs. 5000 -8000 w.e.f.31.12.1998. Likewise, respondent No.2 joined the department as Postal Assistant on 02.11.1976. He was promoted as UDC after qualifying the departmental examination on 31.05.1983. He also sought transfer to Accounts Wing and joined as Junior Accountant on 24.11.1987. He was promoted as Senior Accountant on 01.07.1991 in the scale of Rs. 1400 -2300 which was revised to Rs. 5000 -8000 w.e.f.01.01.1996.
(3.) PURSUANT to the recommendations of Fifth Pay Commission, Government of India introduced the Assured Career Progression (ACP) Scheme (for short 'the Scheme') w.e.f.09.08.1999 to benefit Group 'C' & 'D' employees. The Scheme envisaged two stages of financial upgradation on completion of 12 and 24 years of service. This upgradation was to be granted in the scale of next higher post in the hierarchy for promotion from the existing post of an incumbent. The Ministry of Communications introduced the said Scheme vide Office Memo dated 08.02.2000 and also issued a clarification on 15.06.2001. Next post in the hierarchy, for promotion viz. -a -viz., the private respondents, was the post of Junior Accounts Officer, which was in the scale of Rs. 5500 -9000. The financial upgradation to the said scale was subject to a condition that an employee must possess the qualification of the next higher post. The recruitment rules governing the post of Junior Accounts Officer suggest that qualifying the departmental examination Part A and B was mandatory. As is discernible from the records, both the private respondents could not qualify the said departmental accounts examination (Part A & B). However, w.e.f.11.01.2002, the department relaxed the condition of qualifying Part A and B of the departmental examination for the purpose of financial upgradation after 12 and 24 years of service. Resultantly, pursuant to the instructions contained in letter dated 16.01.2002 read with order dated 08.02.2000 (Annexures A6 and A8), both the private respondents were granted second financial upgradation in the scale of Rs. 5500 -9000 w.e.f. 11.01.2002 vide order dated 23.01.2003.;