BADAR DURREZ AHMED, J.

1. This writ petition is directed against the order dated 07.09.2011 passed in OA No.1620/2011 by the Central Administrative Tribunal, Principal Bench, New Delhi, whereby the said Original Application of the respondent No.1 was partly allowed by directing that the condition of below benchmark ACRs ought not to be considered and that he be granted the Assured Career Progression (ACP) benefits from 09.08.1999 along with arrears and re-fixation of the retiral dues. The Tribunal, however, did not grant the respondent interest, award of damages & costs as the same were found to be unacceptable in the given circumstances.

2. The respondent No.1 had initially been appointed through the UPSC in 1973 as an Assistant Research Officer under the respondent No.3. That post was a Group ‘B’ post. In 1999, he was promoted as Dairy and Agriculture Chemist which post was in the grade of Rs 10,000-325-15200. The respondent No.1 took voluntary retirement on 31.7.2000. Pursuant to the Fifth CPC recommendations, the ACP Scheme was introduced with effect from 09.08.1999. The respondent No.1 claimed that he was entitled for the second financial upgradation in the grade of Rs