CENTRAL ADMINISTRATIVE TRIBUNAL LUCKNOW BENCH LUCKNOW ORIGINAL APPLICATION No. 332/00263 of 2014 Dated, this 21st day of January, 2026 Hon’ble Mr. Justice Anil Kumar Ojha, Member- Judicial Hon’ble Mr. Pankaj Kumar, Member-Administrative Shailendra Kumar, 54 years, son of Sri Chandra Prakash resident of C-68, H.A.L. Colony, Faizabad Road, Lucknow.

…..Applicant By Advocate: Shri Dharmendra Awasthi VERSUS

1. Union of India through Secretary, Department of Defence Production & Supplies, Government of India, Ministry of Defence, South Block, New Delhi.

2. Director General, Aeronautical Quality Assurance, Ministry of Defence, ‘H’ Block, New Delhi.

3. Regional Director, Aeronautical Quality Assurance, DGAQA, Ministry of Defence, H.A.L., Lucknow.

4. Principal Controller of Defence Account, Central Command, Lucknow.

…..Respondent By Advocate: Smt. Prayagmati Gupta

ORDER (ORAL)

Per Hon’ble Mr. Pankaj Kumar, Member-Administrative In this case relating to grant of financial upgradation under the Assured Career Progression (ACP, hereafter) scheme, the applicant has sought following reliefs:

“A. The Hon‟ble Tribunal may graciously be pleased to quash the impugned order dated 22.12.2011 and order dated 07.11.2013 passed by respondent No. 2 so far it relates to effectiveness of grant of A.C.P. w.e.f. 01.01.2006 to the applicant as contained in Annexure No. A-1 and A-2 respectively to this Original Application.

B. The Hon‟ble Tribunal may graciously be pleased to quash the letter/recommendation dated 07.02.2014 issued by the Senior Account Officer, office of respondent No. 4 as contained in Annexure No. A-3 to this Original Application.

C. The Hon‟ble Tribunal may further graciously be pleased to direct the respondents to grant and pay benefits of A.C.P. to the applicant w.e.f.

24.05.2000 along with other consequential benefits.

D. The Hon‟ble Tribunal may issue any such other order or direction which this Hon‟ble may deem just and proper in the circumstances of the case.

E. Allow the claim petition with cost.”

2. The factual matrix of the case is that the applicant was appointed to the post of Senior Scientific Assistant (SSA, hereafter) vide order dated 21.04.1988 and he joined the post on 24.05.1988. As a consequence of an arbitration award, some posts of SSA were upgraded to SSA (Higher Scale), or SSA(HS), vide order dated 14.08.1992 and the applicant was placed in the grade of SSA(HS) with effect from 31.03.1994. The Assured Career Progression (ACP) scheme was implemented in Government of India vide office memorandum (OM, hereafter) dated 09.08.1999 issued by the Department of Personnel & Training (DoPT, hereafter) providing for grant of two financial upgradations after 12 years and 24 years of service, respectively. The applicant represented to the respondents for grant of 1^st financial upgradation under ACP (1^st ACP, in short) with effect from 24.05.2000, i.e., on completion of 12 years of service, citing the case of another employee P Srinivas, but in vain. The applicant was promoted to the post of Junior Scientific Officer with effect from 18.09.2007. The respondents granted the benefit of ACP to the applicant with effect from 01.01.2006 vide the impugned order dated 22.12.2011. The applicant again represented for grant of ACP with effect from 24.05.2000 instead of 01.01.2006 which was sent by respondent no. 4 to respondent no. 3 and further to respondent no. 2, but it came to be rejected vide the impugned order dated 07.11.2013. Aggrieved, the applicant has preferred this OA.

3.1 The applicant has assailed the impugned orders on two grounds. His first ground is that the placement in the post of SSA(HS) was not considered a promotion as stated by the respondents themselves vide letter dated 21.09.1998; consequently, he is entitled for 1^st ACP from 24.05.2000 which was recommended by the Senior Accounts Officer vide letter dated 22.07.2013, but later the grant of higher pay scale in 1994 was incorrectly considered as promotion vide the impugned lette