SANGEET LODHA,J. - (1.) These petitions are filed by the petitioners seeking review of a common order dated 30.5.16 passed by a Bench of this Court in D.B. Civil Writ Petition No.6338/12 and other connected petitions, whereby the writ petitions preferred by the petitioners against the common order dated 15.4.11 passed by the Central Administrative Tribunal ('Tribunal'), Jodhpur Bench, Jodhpur, declining the prayer of the respondents for grant of benefits of 1st financial up- gradation under the Assured Career Progression (ACP) Scheme in the pay scale of Rs.5000-8000 and 2nd up-gradation in higher pay scale were allowed.
(2.) At the outset, learned counsel appearing for the petitioners submitted that aggrieved by the order under review, the petitioners had filed a special leave petition before the Supreme Court, wherein the petitioners were extended liberty to move to this Court by way of review petition to make submissions in light of a Bench decision of Punjab and Haryana High Court taking a different view in the matter against which the special leave petition preferred was dismissed by the Supreme Court. The order dated 16.2.18 passed by the Supreme Court in SLP No.9828/17, arising out of the order dated 30.5.16 passed by this Court in D.B. Civil Writ Petition No.6338/12 reads as under : "Delay condoned. It is submitted by Ms. Vibha Datta Makhija, learned senior counsel appearing for the petitioners, that the impugned order is in conflict with the view taken by the Punjab and Haryana High Court in Judgment dated 4th July, 2011 in CWP No.15739-CAT of 2003 in Union of India v. Rupa Singh against which SLP (C) No(s).28779 of 2011 has been dismissed by this Court on 10 th July, 2017. Since we find that this aspect has not been pointed out to the High Court, the petitioners are at liberty to move the High Court in support of this submission. The High Court may consider the mater on merits in accordance with law. We make it clear that if the petitioners are aggrieved by the order that may be passed by the High Court, they will be at liberty to take their remedied against the same in accordance with law. The special leave petition is accordingly disposed of."
(3.) Learned counsel appearing for the petitioners submitted that when the writ petitions preferred on behalf of the respondents were argued before this Court on account of inadvertent error, a Bench decision of Punjab and Haryana High Court taking contrary view on the identical issues could not be brought to the notice of the Court. Learned counsel submitted that the view taken by the Punjab and Haryana High Court in C.W.P. No.15739-CAT of 2003 : Union of India and others Vs. Rupa Singh and others, stands affirmed by the Supreme Court vide order dated 10.7.17 passed in Special Leave Petition No.28779/2011 : Rupa Singh & Ors. Vs. Union of India & Ors.;