CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI O.A. No. 4409/2014 This the 6^th day of February, 2026 Hon’ble Dr. Chhabilendra Roul, Member (A)

Hon’ble Mr. Rajveer Singh Verma, Member (J)

Prakash Chandra Tripathi, Aged about 59 years, Working As Assistant Director (H) S/o Late Sh. Bhola Dutt Tripathi, R/o Dunga Dhara Road, Almora-263607 ... Applicant (By Advocate : Mr. M. K. Bhardwaj)

Versus Union of India through, 1. The Secretary, Ministry of Textiles Udyog Bhawan, New Delhi.

2. The Development Commissioner (Handicraft)

West Block-7, RK Puram, New Delhi …Respondents (By Advocate: Mr. R.K. Jain)

ORDER (ORAL)

By Hon’ble Dr. Chhabilendra Roul, Member (A):-

1.1 The factual matrix of the case is that the applicant joined the service of the respondents as a Technical Assistant on 28.08.1978. The respondents’ organization introduced the Assured Career Progression (ACP) Scheme in the year 1999. Under the said scheme, Government of India employees are entitled to the first and second financial upgradations on completion of 12 and 24 years of regular service, respectively, if they have not been promoted during the said period. The present applicant completed 12 years of service in the year 1990. However, since the ACP Scheme came into force in 1999, the first financial upgradation under the ACP Scheme was required to be granted to the applicant w.e.f. 1999. The respondents, however, failed to grant the ACP benefits to the applicant. In the meantime, similarly placed employee, namely Mr. Yashpal Verma, filed OA No. 1063/2008 before this Tribunal. This Tribunal, vide order dated 06.12.2008, allowed the said OA and granted the first and second ACPs in the pay scales of ₹6,500–10,500 and ₹10,500–15,200 w.e.f. 09.08.1999 and 02.03.2003, respectively. Subsequently, another similarly placed employee, Mr. A.K. Mehrotra, also approached this Tribunal by filing OA No. 366/2012, which was allowed by this Tribunal vide order dated 10.10.2012, granting him similar benefits.

1.2 Learned counsel for applicant submits the applicant had earlier filed the OA, which was allowed by this Tribunal in the first round of litigation. However, the respondents approached the Hon’ble Delhi High Court by filing W.P.(C) No. 4528/2018, and the Hon’ble High Court, vide order dated 26.10.2018, remanded the matter back to this Tribunal for fresh consideration. In view thereof, this Tribunal has heard the matter afresh.

1.3 Learned counsel for the applicant submits that the applicant had already completed more than 12 years of service by the time the ACP Scheme was introduced by the Government of India. He further referred to the recruitment rules pertaining to the post of Technical ADPO, namely, the Office of the Development Commissioner (Handicrafts) Technical Assistant (Metal Craft) Recruitment Rules, 1981. According to Sl No. 11 the condition for promotion to the post of ADO from the post of TA(Metal) is placed “Promotion:

Technical Assistants (Metal-crafts) with 8 years regular service in the grade.

Transfer on deputation:

Officer under the Central Go-vernment/State Government Statutory or Autonomous Organisations:-

(a)(i) holding analogous post (ii) with 3 years service in posts in the scale of 12s. 550-900 or equivalent: or (iil) with 8 years service in posts in the scale of Rs.425-700 or equivalent; and (b) possessing the educational qualifications, experience etc., laid down for direct recruits. (Period of deputation/contract shall ordinarily not exceed 3 years).”

1.4 Learned counsel for the applicant submits that since the applicant was working as a Technical Assistant and had completed more than 12 years of service, he was entitled to the first financial upgradation under the ACP Scheme in the year 1999. He further submits that two junior employees have been granted financial upgradations in higher pay scales than that granted to the present applicant. Mr. Yash Pal Verma was granted the first financial upgradation in the pay scale of ₹6,500–10,500 and the seco