PRADEEP NANDRAJOG,C.J. - (1.) Granting partial relief to the petitioners, the reasons with the direction given by the Central Administrative Tribunal, Jodhpur Bench (hereinafter referred to as 'Tribunal'), are as under: "6. During the course of hearing, the learned advocate of the applicants submitted that all the four cases before this Tribunal are fully covered by the decision of the Central Administrative Tribunal, Bangalore Bench dated 24.2.2011 passed in OA 469 of 2008 in the case of Shri E. Unnikrishnan and 5 others v. Union of India and others. The learned counsel of the applicant had brought the said judgment of Bangalore Bench on record. Relying upon the above mentioned decision, the applicants' lawyer claimed that on the basis of the decision, the applicants are entitled for grant of benefit under 2nd ACP in the pay scale of Rs.10000-325-15200 as and when they completed 24 years of regular service or with effect from 9.8.1999 whichever is later with all consequential benefits. On the other hand Shri Kuldip Mathur, learned counsel for the respondents submitted that although he agrees that the applicants are entitled to get the salary at par with the salary which is being paid to their juniors on grant of benefit under 2nd ACP in the pay scale of Rs.10000-325-15200 but the applicants will be entitled to receive the said pay scale by way of stepping up and not by way of grant of benefits under the 2nd ACP which had already been granted to them before 17.2.2005, the cut off date prescribed under policy of the Government of India dated 22.3.2007 (Annexure.A1). We are of the opinion that the arguments advanced by the learned counsel for the respondent is correct as we are of the view that if the applicants are allowed to get the benefit under 2nd ACP in the scale of Rs.10000- 15200 from the date on which they were granted benefit under 2nd ACP in the scale of pay of Rs.8000- 13500 this will amount to grant of 2nd ACP to the applicants twice and so we are of the view that the applicants are only entitled for stepping up of their salary in the pay scale of RS.10000-325-15200 from the date on which their juniors were granted benefit under the ACP Scheme in the scale of Rs.10000-325- 15200."
(2.) The grievance of the petitioners is that the Tribunal, without distinguishing the decision dated February 24, 2011 passed by a coordinate Bench of the Tribunal sitting at Bangalore, could not have taken a contrary view because judicial discipline demanded so. More so, for the reason the decision of the Bangalore Bench of the Tribunal was upheld by the High Court of Karnataka in Writ Petitions No.37676-680/2011, against which petition seeking special leave to appeal filed before the Supreme Court was dismissed.
(3.) Relevant facts to be noted are that the petitioners were claiming second financial up gradation under the Assured Career Progression Scheme (hereinafter referred to as 'ACP Scheme') on completing 24 years of service with effect from August 9, 1999 or whichever date is later when they completed 24 years service and desired to be upgraded in the scale Rs. 10000-325-15500.;