The main legal point established in the judgment is the consideration of normal promotional norms, including educational qualifications, for financial upgradation, and the relevance of government clarifications regarding the counting of service years for waiving the requirement of higher qualification.

SANJIV KHANNA, J.

We have heard Mr. Dharambir, a retired Head Master, who appears in person in this writ petition which impugns order dated 13th February, 2015 passed by the Principal Bench of the Central Administrative Tribunal in OA Nos. 5/2011 and 3723/2011.

2. The petitioner was appointed as an Assistant Teacher in Municipal Corporation of Delhi on 18th September, 1972 in the pay scale of Rs.135-320. The petitioner was granted senior scale after completion of 12 years’ of service in the scale of Rs.1400-2600, with effect from 1st January, 1986 which was revised to Rs.5500-9000 with effect from 1st January, 1996 on implementation of the Fifth Pay Commission recommendations. The petitioner was promoted as Head Master on 31st January, 2003 in the pay-scale of Rs.5500-9000, as applicable at the time of promotion.

3. The Municipal Corporation of Delhi vide circular dated 1st September, 2005 had implemented the Assured Career Progression Scheme with retrospective effect from 9th August, 1999. The petitioner had already got the first financial upgradation when he was granted senior scale with effect from 1st January, 1986. The petitioner claimed entitlement to the second financial upgradation as he had completed 24 years of regular service, his initial appointment being as a Primary Teacher on 18th September, 1972. The respondent-Municipal Corporation of Delhi, however, were not ready and willing to grant benefit of financial upgradation for the reason that the petitioner did not have the qualification i.e. B.Ed. or S.A.V. certificate and, therefore, was not eligible for consideration for promotion.

4. The petitioner had filed a writ petition in Delhi High Court in 2008, which was transferred to the Tribunal and registered as TA No.543 of 2009. The said TA was disposed of on 2nd December, 2009, recording as under:-

“4. In our considered view, as per the circular issued and adopted by the respondents as well as implemented in the case of Nursery Teacher who do not have BEd or SAV certificate when this scale is made admissible to them, non-grant of this to the applicant would smack invidious discrimination violative of Articles 14 and 16 of the Constitution of India.

5. In the above view of the matter, we dispose of this TA with a direction to the respondents to consider under circular dated 1.9.2005 the claim of the applicant for grant of scale of 6500-10500 from the date he completes 24 years of service with all consequences, if he is found eligible. Consequently this places the applicant in an appropriate scale in the pay band of 6th CPC with arrears. This shall be done within a period of three months from the date of receipt of a copy of this order. No costs.”

The Tribunal, in paragraph 4, has referred to the circular issued by the Municipal Corporation of Delhi in the case of Nursery Teacher, who did not have B. Ed. or SAV certificate. The Tribunal then held that the denial of similar benefit in the case of the petitioner would smack of invidious discrimination, violating Articles 14 and 16 of the Constitution of India. Pertinently, in paragraph 5 of the order, no relief was granted to the petitioner and direction was issued to the respondents to consider the petitioner’s case under circular dated 1st September, 2005 for grant of scale of Rs.6500-10500 from the date he had completed 24 years of service. This incongruity in the order of the Tribunal has been noticed by us in the orders dated 3rd May, 2016 and 25th May, 2016.

5. In order to decide the controversy, we would like to reproduce paragraph 9.1 of the circular dated 1st September, 2005, which reads as under:-

“Fulfilment of normal promotion norms (including educational qualification as per Recruitment Rules) for grant of financial upgradation, performance of such duties as are entrusted to the employees together with retention of old designations, financial upgradation as personal to incumbent for the stated purpose and restriction of the ACP scheme for financial and