ACP financial upgradation not subject to departmental exam for held post; eligible on completing regular service years. No ACP during post-superannuation extension limited to last pay and allowances.

ORDER

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The applicant has filed the present Original Application, along with M.A. No. 1928/2017 seeking condonation of delay, under Section 19 of the Administrative Tribunals Act 1985 seeking the following reliefs:-

(i) That the office order dated 05.07.2016 (Annexure A-1) be quashed and set-aside, in the interest of justice, to the extent benefit of 1 ACP has been granted w.e.f. 24.01.2014 in place of w.e.f. 10.10.2009.

(ii) That the respondents be directed to grant applicant the benefit of 1st ACP w.e.f. 10.10.2009 on completion of 4 years of service and 2nd ACP w.e.f. 10.10.2014 on completion of 9 years of service in the cadre of SDE.

(iii) That the applicant be held entitled to all consequential benefits/relief, in the interest of justice.

2. Briefly stated, the facts of the case are that the applicant joined on 26.03.1977 on the post of Sectional Officer (Electrical) (now designated as Junior Engineer (Electrical). He was regularly promoted on the post of Sub Divisional Engineer (Electrical) in the pay scale of Rs. 7880-13500 (with initial start of Rs. 8,000/-) vide Office Order dated 10.10.2005 (A-5). Pursuant to amendment of Punjab Civil Services and decision of Govt. of Punjab to grant two years of extension in service to employees retiring on 31.10.2012 or after that, the Chandigarh Administration also extended the same to the employees of Union Territory and Boards/ Corporations etc. The applicant was to retire on 30.06.2014 on attaining the age of superannuation of 58 years, however, on 18.03.2014 he exercised the option for extension in service (A-12). However, no order was passed by the respondents. He filed O.A. No. 060/00511/2014 seeking directions to the respondents to grant extension in service which was disposed of as being pre-mature but a direction was given to the respondents to consider the option exercise by the applicant for extension in service beyond 30.06.2024. However, the applicant was relieved from service on 30.06.2014. The applicant filed 060/529/2014 which was allowed vide order dated 20.10.2014 and the matter was remitted back to the respondents to re-consider the claim of the applicant. It was thereafter that he was granted extension for one year i.e. from 01.07.2014 to 30.06.2015 vide order dated 03.03.2015 (Annexure A-14) and thereafter for another one year i.e. from 01.07.2015 to 30.06.2016 vide Office Order dated 06.07.2015 (Annexure A-16).

3. The applicant further submitted that he completed 4 years of regular service in the cadre of SDE on 09.10.2009. He also completed 9 years regular service on 10.10.2014 in the cadre of SDE during the first extension period of 01.07.2014 to 30.06.2015 and as such became eligible for grant of 2^nd ACP benefit. The office sent the case of applicant for grant of ACP Scheme-4 years, vide letter dated 04.11.2015 (Α-3). After successfully completing two years extension in service, the applicant retied from Government Service on 30.0.2016 vide Office Order dated 30.06.2016 (Annexure A-2). After his retirement, the respondents issued Office Order dated 05.07.2016 (Annexure A-1) granting the benefit of 1^st ACP on completion of 4 years of service as SDE in the cadre but instead of giving it w.e.f. 09.10.2009 the benefit of 1^st ACP has been given w.e.f. 24.01.2014, after completion of four years on passing of Departmental Examination. No orders have been passed by the respondents either to grant or decline the benefit of 2^nd ACP to applicant. The Hon’ble Supreme Court in the case of Amresh Kumar S