BHAGAT RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) UNDER the recommendations of the Punjab Pay Commission, an "Assured Career Progression Scheme" (for short 'ACP') came into being. It was adopted by Chandigarh Administration vide letter dated 7.12.1998 (Annexure A-2) whereby every employee has been made entitled to second proficiency step up increment on completion of 16 years of service provided his over all service record is adjudged as 'good.' A clarificatory letter dated 10.1.2000 (Annexure A-3) was issued to remove doubts about the expression of "over all service record is adjudged as good" as follows:

(2.) The applicant Bhagat Ram, who is senior clerk in the office of the Inspector General of Police, Police Department, Union Territory Chandigarh, Respondent No. 3 admittedly became entitled to second step up increment w.e.f. 1.10.2001 on which date he completed 16 years of service, but the said benefit was denied to him on the ground that out of the last three relevant reports, he was not assessed as 'good' or above in two years and since he does not fulfill the clarificatory criterion contained in Annexure A-3 quoted above, his claim for second step up increment was negatived. It is in these circumstances that the applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 for redressal of his grievance. The case of the applicant is that he has brilliant record throughout inasmuch as he has been issued commendation certificates and given cash awards also.

(3.) HEARD Mr. N.P. Mittal, learned Counsel for the applicant as well as Mr. Vinay Gupta, on behalf of the respondents at considerable length.