O R D E R

By Hon’ble Mr. Gokul Chandra Pati, Member – A The OA has been filed for the following reliefs:-

“i. to issue a writ, order or direction in the nature of Certiorari the impugned order dated 12.09.2012, passed by the Respondent No 2, rejecting the claim of counting of initial two years service rendered as LDC. (in lieu of Combatant) for the purpose of benefits under the A.C.P. Scheme only on the ground that the persons, who have not approached to the Court, cannot be allowed the said benefit which has been allowed to those, who went to the Court and obtained judgments in their favour (Annexure A-1 to Compilation No.

‘I’ of this petition).

ii. to issue a writ, order or direction in the nature of Mandamus directing the Respondent Nos. 2 & 3 to count two years service rendered by the petitioner with effect from 12.01.1996 in the direct entry grade as L.D.C. (in lieu of Combatant) for the purpose of grant of first financial benefits under the A.C.P. Scheme and to grant the said benefit with effect from 12.01.2008 when the petitioner completed 12 years of regular service in the pre-revised Scale of Pay of Rs. 4000 – 6000 and to make fixation / re- fixation accordingly and further fixation may also be directed to be done in the revised pay in the Pay Band Rs. 5200 – 20200 plus Grade Pay Rs. 2400/- per month with effect from 01.01.2006 pursuant to the recommendation of the VIth C.P.C., as accepted by the Govt. of India and to pay the arrears thereof together with interest thereon @ 9% per annum, within a period as may be fixed by this Hon’ble Tribunal.

iii. to issue any other suitable writ, order or direction in the facts and circumstances of the case which this Hon’ble Tribunal may deem fit and proper.

iv. to award cost of the petition in favour of the petitioner.”

2. The facts as per the OA in brief are that the applicant was appointed as a lower division clerk (in lieu of combatant) [in short LDCC] by the respondents on compassionate ground on 12.1.1996 in the revised pay scale of Rs. 5200-20200 plus Grade Pay of Rs. 1900/- with effect from 1.1.2006. Government of India introduced the Assured Career Progression Scheme (in short ACPS) vide order dated 9.8.1999 (Annexure A-3) in order to mitigate the situation arising out of stagnation of the employees due to lack of promotional posts. The ACPS was made applicable with effect from the issue of the order till 31.8.2008 and after that date Modified ACPS (in short MACPS) was launched with effect from 1.9.2008. Under the ACPS, an employee after completing 12 years and 24 years of regular service will be eligible for non-functional financial upgradation to the next promotional pay scale as per the hierarchy of posts in the organization, subject to fulfillment of the eligibility criteria for such promotion as per the rules. The grievance of the applicant is that even if he had completed 12 years of service on 12.1.2008, he was not allowed the benefit of ACPS on the ground that his initial two years service as LDCC was temporary service which cannot be counted for the purpose of the ACPS. It is stated in the OA that the applicant suffered financial loss due to the decision of the respondents not to count first two years of service as LDCC for the purpose of ACPS.

3. As stated in the OA, the applicant was allowed first upgradation under MACPS on 1.9.2008 after completion of 10 years of regular service and was placed on the next higher Grade pay of Rs. 2000/- from Rs.1900/- per month. The applicant was also promoted to Senior Clerk on regular basis with effect from 1.12.2012 raising her pay to Rs. 5200-20200 plus Grade Pay of Rs. 2400/- which she whould have got w.e.f. 12.1.2008 if the benefit of ACPS would have been allowed after counting two year of her service period she spent as LDCC. Thus, the applicant allegedly suffered financial loss on account of the decision of the respondents.

4. It is stated in the OA that some of the similarly placed employees challenged the decision of the res