The court affirmed applicants' entitlement to financial upgradation under the Assured Career Progression Scheme, emphasizing eligibility due to completion of service years despite the introduction of the Modified Assured Career Progression Scheme.

ORDER

(Pronounced by Hon'ble Mr.Sangam Narain Srivastava, Member(A))

The applicants have filed the present OAs under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following relief:

“OA 526/2015

To call for the records relating to the impugned order of the third respondent in No.16235/PW/CE/EC2/2014-366 dated 4.2.2015 and quash the same and direct the respondents to withdraw the financial up-gradation granted to the Applicant under the Modified Assured Career Progression Scheme with effect from 1.9.2008 and grant her the First Financial up-gradation under the Assured Career Progression Scheme with effect from 10.1.2004 and grant her all consequential benefits and render Justice.

OA 527/2015

To call for the records relating to the impugned order of the third respondent in No.16235/PW/CE/EC2/2014-366 dated 4.2.2015 and quash the same and direct the respondents to withdraw the financial up-gradation granted to the Applicant under the Modified Assured Career Progression Scheme with effect from 1.9.2008 and grant him the First Financial up-gradation under the Assured Career Progression Scheme with effect from 1.3.2002 and grant him all consequential benefits and render Justice.

OA 544/2015

To call for the records relating to the impugned order of the third respondent in No.16235/PW/CE/EC2/2014-366 dated 4.2.2015 and quash the same and direct the respondents to withdraw the financial up-gradation granted to the Applicant under the Modified Assured Career Progression Scheme with effect from 1.9.2008 and grant him the First Financial up-gradation under the Assured Career Progression Scheme with effect from 1.2.2002 and grant him all consequential benefits and render Justice.”

2. Since the issue involved in all these OAs is similar which is founded on similar facts and circumstances and the relief prayed is same, these OAs are heard together and are being disposed of by this common order.

3. The brief facts of the case, as stated by the applicant, are as follows:

3.1 The Applicants are working as Laboratory Attendants in the Public Works Department, Karaikal & Puducherry, respectively. They were appointed on 10.1.1992, 01.03.1990 & 01.02.1990 respectively and they passed the Trade Test prescribed for promotion to the post of Laboratory Technician and are fully qualified for promotion as Laboratory Technicians. As per the Assured Career Progression scheme, the applicants are entitled for first financial up-gradation on completion of twelve years of service and since they were appointed on 10.1.1992, 01.03.1990 & 01.02.1990 respectively, they are entitled for the grant of first financial up-gradation under the Assured Career Progression scheme. While so, the Modified Assured Career Progression Scheme was introduced with effect from 1.9.2008.

3.2 The grievance of the applicants is that instead of granting the first financial upgradation under the Assured Career Progression Scheme on completion of twelve years of service, i.e., with effect from 10.1.2004, 01.03.2002 & 01.02.2002 respectively, they were granted the first financial upgradation under the Modified Assured Career Progression Scheme with effect from 1.9.2008.

3.3 Therefore, the Applicants submitted representations to the Chief Engineer, Public Works Department, Puducherry on 8.1.2014, 29.01.2014 & 08.01.2014 respectively requesting for withdrawal of the financial up-gradation granted under the Modified Assured Career Progression Scheme with effect from 1.9.2008 and to grant them first financial upgradation under the Assured Career Progression Scheme with effect from 10.1.2004, 01.03.2002 & 01.02.2002 respectively. Since there is no response, the Applicant filed O.A.Nos.1586, 1589 & 1588/2014 with a prayer to direct the respondent to consider his representation and pass appropri