The main legal point established in the judgment is the correct application of the ACP Scheme in granting the petitioner the second ACP after completing 24 years of service.

JUDGMENT :

Harinder Singh Sidhu, J.

By filing this Execution Application, Kamal Kumar Gadi applicant/ petitioner has sought execution of the order dated 06.02.2018 (Annexure P-20) passed by this Court in CWP No.20519 of 2015, which reads as under:-

"This writ petition has been filed by the petitioner seeking intervention in the order dated 06.08.2015 (Annexure P-6) of the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, which has negated his claim for grant of second ACP after completion of 24 years of service w.e.f 09.08.1999 in accordance with the ACP scales. After hearing learned counsel for the parties, we are of the opinion that issue is no longer res integra. Similar controversy has been decided by the High Court of Rajasthan at Jodhpur in Madhu Misra v. Union of India and another with connected matters passed in DB Civil Writ Petition No.2742 of 2012, decided on 10.04.2017, wherein it has been noticed in para no.6 as follows:-

"6. The Recruitment Rules pertaining to the Junior Engineers of (B&R) and (E&M) were amended vide SRO dated June 2, 2004 published in the Gazette of India on July 10, 2004 and came into effect with effect from the same date. Similar amendment was also made to the Recruitment Rules pertaining to Surveyors of Works Cadre by SRO 18 dated February 17, 2005 published in the Gazette of India on March 12, 2005. It came into force on the same date. After the amendment of the Recruitment Rules, vide office memorandum dated February 21, 2006, respondents granted second ACP with effect from the date of the Notification dated July 10, 2004 to the diploma holder AEs who have been promoted after July 9, 1991, subject to the fulfilling of the necessary eligibility criteria including 24 years regular service. Further, it was decided that the second ACP be granted to the eligible diploma/degree holder Assistant Engineers/Junior Engineers who have completed 24 years of eligible service with effect from August 9, 1999 instead of July 10, 2004. This decision was taken vide office memorandum dated March 14, 2007. Accordingly, the respondents superseded Appendix-A to the office memorandum dated January 23, 2002 by granting second ACP to the Junior Engineers in the scale of Rs.10000-325-15200 on completion of 24 years of service as on August 9, 1999, or whichever was later, and also superseded AppendixB/1 to the letter dated November 1, 2004 and allowed second ACP benefit to the Junior Engineers (QS&C) with effect from February 17, 2005. As a result, except the writ petitioners who were eligible and were granted the second ACP benefit prior to February 17, 2005, all others were granted the second ACP benefit in the pay scale of 10000-325-15200. The petitioners were granted ACP benefit in the pay scale of Rs.8000-225- 13500."

This judgment has attained finality as the SLP against it stands dismissed which is also the stand of the official respondents in view of the communication dated 18.12.2017 placed on record as Mark x.

In view of the above, the present writ petition is allowed in terms of the abovesaid judgment of the High Court of Rajasthan at Jodhpur which has held the writ petitioner's therein entitled to the second ACP in terms of the scheme after completion of 24 years of service w.e.f 09.08.1999. The financial benefits accrued to the petitioner be released to him forthwith but not later than two months from the date of receipt of certified copy of this order."

2. The petitioner holds a Diploma in Civil Engineering. He had joined Military Engineering Services (MES) on 16.03.1967 in Group 'C' and was at the entry grade of Surveyor cadre i.e. Junior Engineer when Assured Career Progression (ACP) Scheme was introduced on 09.08.1999. He was granted 2nd Financial up-gradation under ACP Scheme vide letter dated 15.09.2011 in the pre-revised pay scale of Rs.8,000-275-13,500 upto 17.05.2005 and Rs.10000-32