O.A. No. 589/08 & O.A. No. 591/08. Case: 1. C. K. Ramachandran, Superintendent of Central Excise, 2. V. Sadanandan Nair, Retd. Superintendent of Central Excise, Calicut Commissionerate, Calicut Vs 1. Union of India, represented by its Secretary to Government of India, Ministry of Finance, Department of Revenue, 2. Joint Secretary (Administration), Central Board of Excise & Customs, Ministry of Finance, Department of Revenue, 3. Chief Commissioner of Central Excise & Customs, Kochi, 4. Commissioner of Central Excise & Customs, Calicut Commissionerate, 5. Secretary to Government of India, Department of Personnel & Training. Central Administrative Tribunal
| Case Number | O.A. No. 589/08 & O.A. No. 591/08 |
| Counsel | T. C. Govindaswamy, Millu Dandapani, Sunil Jacob Jose |
| Judges | George Paracken (Judicial Member) & K. George Joseph (Accountant Member) |
| Issue | Constitution of India, 1950 - Article 141 |
| Judgement Date | January 29, 2010 |
| Court | Central Administrative Tribunal |
Judgment:
K. George Joseph (Accountant Member), (Ernakulam Bench)
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O.A.Nos.589/08 and 591/08 were heard together as the applicants in both the cases were aggrieved by an order denying the benefit of the financial upgradation under the Assured Career Progression Scheme.
O.A.No.589/08
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The applicant joined the service as Stenographer on 21.9.1971 in the ministerial cadre in the Central Excise & Customs Department. The regular channel of promotion in this cadre is to the post of Deputy Office Superintendent/Administrative Officer/Chief Administrative Officer etc. There is another line of promotion to 25% of the vacancies in the executive cadre of Inspector of Central Excise through a competitive examination. The applicant joined the Inspector's cadre on 15.3.75, later promoted as Superintendent on 17.3.93.
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Persons appointed by direct recruitment as Inspectors of Central Excise later than the applicant are granted the benefit of promotion as Superintendent and later the second financial upgradation on completion of 24 years of service the pay scale of Assistant Commissioner of Central Excise under the Assured Career Progression Scheme. But the applicant is denied any upgradation to the pay scale of Assistant Commissioner of Central Excise. Hence the O.A.
O.A.591/08
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The applicant was appointed as Lower Division Clerk on 29.6.1964 in the Central Excise and Customs Department. He was promoted as Upper Division Clerk in 1972. He joined the Inspector's cadre in the quota of 25% vacancies through a process of competitive examination on 15.3.75. He was further promoted as Superintendent on 16.3.1993. He is also denied upgradation on completion of 24 years in the pay scale of Assistant Commissioner.
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Both the applicants seek a declaration that they are entitled to be granted the benefit of second financial upgradation/stepping up of pay with effect from 9.8.99 in the scale of pay of Rs.8000-13500 with all consequential arrears of pay and allowances arising therefrom.
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The grounds for relief are the same in both the O.As. They were denied the second financial upgradation on the ground that the ACP scheme of Haryana Govt. is different from the ACP scheme of the Central Govt. Therefore the Supreme Court's judgment in Appeal(Civil) No.3250/2006 is case specific and is not applicable to the ACP formulated for the Central Govt. employees and that no anomaly is fixed under the ACP scheme of the Central Govt. which is purely personal to the employees and has no relation to the seniority of the employees.
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The...
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