MANMOHAN SARIN, J, J.

( 1 ) PETITIONER has filed this petition assailing the judgment dated 21. 4. 2002 passed by the Central Administrative Tribunal, Principal Bench, New delhi, in OA No. 1221 of 2001. By the said judgment, the Tribunal dismissed the oa of the petitioner holding that after having been considered by the screening committee and having been declared unfit for grant of financial upgradation under ACP Scheme, the petitioner has no case to claim upgradation as a matter of right.

( 2 ) PETITIONER had also challenged para 5 of OM dated 9. 8. 1999 and para 6 of Annexure 1 of the said OM, as being violative of articles 14, 16 and 21 of the Constitution of India. This challenge also failed before the Tribunal.

( 3 ) FACTS culminating into filing of the writ petition are noted below:

( 4 ) PETITIONER was commissioned as an officer in the Indian Army through the Short Service Commission on 11. 3. 1972. He was released on 22. 7. 1977. Thereafter he was selected through UPSC in the Army Ordinance Corps as "ordinance Officer (Civilian) (Stores)" on 10. 8. 1978.

( 5 ) DURING the course of service in 1997, petitioner suffered a paralytic attack, for which he received treatment at Ram Manohar Lohia Hospital, New delhi. On partial recovery he resumed his service. He is partially disabled and his treatment still continues.

( 6 ) THE Fifth Central Pay Commission vide para 22. 29 of part II of its report recommended the introduction and formulation of the Assured Career progression Scheme (ACP Scheme ). This was for the purpose of removing stagnation as well as to give financial upgradation to the employees working with the government of India without any promotion for a long time. Annexure 22. 1 of the report gives the basic features of the ACP Scheme. The first salient feature stated as follows:"every employee, recruited in a particular grade/scale of pay shall be allowed to move to his respective and specified higher scales on completion of specified period of residency in the lower pay scale, subject to the fulfillment of usual norms of promotion. If this involves passing of a trade or departmental test or acquisition of higher qualifications, that pre-requisite would have to be fulfilled before the benefit of ACP is given. "

( 7 ) GOVERNMENT of India, through the Department of Personnel and Training, issued OM No. 35034/1/97-Estt (D) dated 9. 8. 1999 to introduce the ACP Scheme. The said OM provided that after completion of 12 years of regular service, a financial upgradation shall be granted subject to certain conditions. Another upgradation would be granted after another 12 years. Para 5 of the OM dated 9. 8. 1999 reads as follows:"vacancy based regular promotions, as distinct from financial upgradation under the ACP Scheme, shall continue to be granted after screening by a regular departmental Promotion Committee as per relevant rules/guidelines. "it would also be worthwhile to reproduce para 6 of the said OM for facility of reference:"screening Committee: 6. 1 A Departmental Screening Committee shall be constituted for the purpose of processing the case for grant of benefits under the ACP Scheme. 6. 2 The Composition of the Screening Committee shall be the same as that of the DPC prescribed under the relevant Recruitment/service Rules for regular promotion to the higher grade to which financial upgradation is to be granted. However in cases where DPC as per the prescribed Rules is headed by chairman/member of the UPSC, the screening committee under the ACP Scheme shall, instead, be headed by the Secretary or an officer of equivalent rank of the concerned Ministry/department. In respect of isolated posts, the composition of the Screening Committee (with modification as noted above, if required) shall be the same as that of the DPC for promotion to analogous grade in that ministry/department. "

( 8 ) THE conditions for grant of the upgradation as stipulated in annexure 1 of the OM dated 9. 8. 1999, included the following