Promotion under the Time Bound Promotion Scheme must consider prior service in identical pay scales, facilitating benefits to prevent employee stagnation, irrespective of position transfers.

JUDGMENT :

NYAPATHY VIJAY, J :

The present writ petition is filed questioning the order dated 18.07.2012 in OA No.1254 of 2010 passed by the Central Administrative Tribunal, Hyderabad.

2. The facts leading to the present writ petition are as follows :

The applicant/respondent herein was initially appointed as Lower Division Clerk (L.D.C.) in Head Quarter, Eastern Naval Command, Visakhapatnam on 20.05.1972 on causal basis. Subsequently, the services of the applicant were regularized with effect from 01.09.1979 in the grade of L.D.C. against a sanctioned post.

3. As the career prospects in the cadre of L.D.C. is very slow, the applicant applied for the post of Telephone Operator Grade-II and got selected and appointed to the said post with effect from 25.08.1983 on temporary basis. The applicant was also granted lien in the post of L.D.C. for a period of two years. Subsequently, the services of the applicant in the cadre of Telephone Operator Grade-II were regularized with effect from 13.06.1984 against a sanctioned post. The applicant was placed on probation and the lien period in the grade of L.D.C. was further extended for a period with effect from 25.08.1985.

4. While so, as per the orders of this Court in WA No.239 of 1980 dated 20.12.1985, the services of the applicant were regularized in the cadre of L.D.C. from the date of his initial appointment i.e., 20.05.1972. The applicant was given in-situ promotion as the basic pay of the applicant was stagnated as per Time Bound Promotion Scheme (TBOP). In consequence of in-situ promotion, the pay scale of the applicant was fixed in the scale of Rs.4,000-100-6,000 on 01.05.1997. The applicant was also granted second financial up-gradation under Assured Career Progression (ACP) scheme with effect from 09.08.1999.

5. However, the benefit granted to the applicant under TBOP Scheme as well as ACP scheme were withdrawn by the Department on 05.12.2006 and the applicant was given first time bound promotion under TBOP scheme on 25.08.1999 by counting his service from the date of regularization as Telephone Operator Grade-II dated 13.06.1984 and ignoring his service in the cadre of L.D.C. for a period of 11 years and 3 months i.e., from 20.05.1972.

6. The applicant gave representation on 13.11.2006 bringing all the facts and contending that he had worked in the Department for 34 years and was granted only one promotion under TBOP scheme, though he was entitled for two promotions under that scheme in the time span of 16 and 26 years of service. It is the case of the applicant that his service should be counted from 20.05.1972.

7. The respondents/writ petitioners filed their counter contending that the applicant is not entitled for the relief claimed. However, in the counter-affidavit filed before Central Administrative Tribunal, it was admitted that the pay scales of L.D.C. and Telephone Operator Grade-II are identical. Further, it was contended that benefits under TBOP scheme and ACP scheme cannot run concurrently and the promotion granted to the applicant were withdrawn as per the instructions of the Union of India. It was however stated that the applicant was given first time bound promotion under TBOP scheme on 25.08.1999 and second time bound promotion under the said scheme was also granted to the applicant on 25.08.2009 on completion of 26 years of service.

8. The Tribunal, taking into consideration the nature and purport of TBOP scheme and judgments of the Hon'ble Supreme Court in Union of India v. Mathivanan , CA No.5739 of 2005 , (2006) 6 SCC 57 and Dwijen Chandra Sarkar and another v. Union of India , (1999) 2 SCC 119 , allowed the O.A., directing the res