CENTRAL ADMINISTRATIVE TRIBUNAL LUCKNOW BENCH LUCKNOW ORIGINAL APPLICATION No. 332/00020 of 2022 Dated, this 18th day of March, 2026 Hon’ble Mr. Justice Anil Kumar Ojha, Member- Judicial Hon’ble Mr. Pankaj Kumar, Member-Administrative Mansa Ram Yadav, aged about 79 years, S/o Late Ranjeet Yadav, R/o Village Lounga Khera, Telibagh, Lucknow.

…..Applicant By Advocate: Shri Dharmendra Awasthi VERSUS

1. Union of India through the Secretary, Ministry of Defence, Government of India, New Delhi.

2. Chief Engineer, Headquarters, Central Command, PIN 900450, Lucknow.

3. Principal Controller of Defence Accounts (Pension), Allahabad.

…..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) To quash the order dated 27.11.2021, contained in Annexure No. 1, passed by the respondent No. 2 communicated vide letter dated

30.11.2021 with all consequential service benefits.

(b) Issue an order, direction and command to the respondents to place the applicant for grant of IInd financial up-gradation under ACP scheme w.e.f. 09.08.1999 and to grant arrears thereof by revising the pensionary benefits of the applicant as well as pension within a time to be fixed by this Hon‟ble Tribunal.

(c) Issue such other order/direction which may be deemed just and proper in the circumstances of the case.

(d) Allow the Original Application with cost against the respondents in view of the facts and circumstances, legal provisions and Grounds raised in the Application.”

2. The brief facts of the case are that the applicant was appointed to the post of Peon on 01.10.1964 under the respondents. He was appointed to the post of Lower Division Clerk (LDC, hereafter) through departmental examination with effect from 06.04.1979. He was promoted to the post of Upper Division Clerk (UDC, hereafter) on 09.06.1998. The ACP scheme was introduced vide office memorandum (OM, hereafter) dated 09.08.1999 issued by the Department of Personnel & Training (DoPT, hereafter) providing for two financial upgradations, after 12 and 24 years of service, respectively. The applicant retired from service on 31.03.2002. In the year 2021, he represented for grant of financial upgradation which was rejected by the respondents vide the impugned order dated 30.11.2021. Aggrieved, the applicant has preferred this OA.

3. The applicant contends that he should have been granted financial upgradation on introduction of ACP scheme with effect from 09.08.1999 as he had already completed 24 years of service by that time and he had been granted only one promotion to the post of UDC. The applicant’s contention is that his appointment to the post of LDC through departmental test cannot be regarded as promotion.

4. Per contra, the respondents contend that the applicant has already got two promotions, i.e., from Peon to LDC on 06.04.1979 and from LDC to UDC on 09.08.1998; therefore, he is not eligible for 2^nd financial upgradation under ACP scheme.

5. We have heard both the parties.

6.1 The issue involved in the instant OA is whether the applicant’s appointment to the post of LDC through departmental examination is to be treated as promotion or not for the purpose of financial upgradation under ACP scheme.

6.2 It is noted that after the introduction of ACP scheme, DoPT issued OM dated 10.02.2000 clarifying certain issues in connection with ACP scheme’s implementation. Point 8 of the Annexure to OM dated 10.02.2000 is relevant to the case at hand and is extracted below:

(emphasis supplied) It is evident from the above that in case of Grade ‘D’ employees who become LDCs on the basis of departmental examination, their appointment to LDC shall be counted as promotion for the purpose of ACP scheme.

6.3 Admittedly, the applicant was initially appointed to the post of Peon, a Grade ‘D’ post, and he got appointed to the