O R D E R

Hon’ble Rajveer Singh Verma, Member (J):

The applicant joined the services of the respondent organization i.e. National Power Training Institute (NPTI) under the Ministry of Power on 29.11.1982 as a Graphic Artist and continued to serve without any adverse record. The post held by him was an isolated post without promotional avenues. Upon completion of 12 years of service, he became entitled to the first financial upgradation under the ACP Scheme which came into force on 09.08.1999. However, despite his eligibility, the said benefit was not extended to him at the appropriate time.

2. The applicant’s service record was acknowledged by the respondents themselves through a certificate dated 09.10.2000 appreciating his dedication. Thereafter, he became entitled to the 2nd financial upgradation on completion of 24 years of service and later to the 3rd financial upgradation under the MACP Scheme upon completion of 30 years in 2010. However, in the intervening period, an FIR dated 28.01.2003 was registered by the CBI alleging offences under the Indian Penal Code and the Prevention of Corruption Act.

3. It is submitted that on 29.07.2009, the respondents issued a seniority list, wherein the name of the applicant was shown. Further on 29.08.2009, another OM was issued, updating the seniority list in respect of the applicant upto 31.03.2009 in the pay band of Rs.9300-34800+4200.

4. The criminal proceedings culminated in a judgment dated 26.08.2011, whereby the applicant was held guilty under certain provisions of the IPC but, considering his age, repayment of loan and status as a first offender, he was released on probation. His appeal before the Hon’ble Punjab and Haryana High Court was dismissed on 08.11.2013, affirming the order of release on probation.

5. Learned counsel for the applicant submitted that after the conclusion of criminal proceedings, the applicant submitted multiple representations dated 17.10.2013, 28.10.2013 and 12.11.2013 seeking grant of financial upgradation under ACP/MACP. He also made further representations on 14.08.2014 and 31.10.2014. It is submitted that the applicant was assured by the competent authority that his dues would be released. Despite this, no benefits were granted.

6. Learned counsel for the applicant further submitted that the applicant superannuated on 31.12.2014. Although his pension and retiral dues were released, his pay and pension were fixed without granting the ACP/MACP benefits, causing continuing financial loss. The respondents issued a charge memorandum on 30.12.2014 and imposed a minor penalty of censure. Since, the grievance of the applicant was not redressed, he got issued a legal notice dated 30.06.2018 to the respondents, failing to get response to which, he also filed a Civil Suit No.5032/2018, before the Court of Civil Judge which he withdrew on 08.07.2019 with liberty to avail remedy before the Tribunal. Hence, the present OA has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s) :-

“(a) call for the records of the case and hold that the act of the Respondents failing to grant the benefits of financial upgradation under the ACP/MACP Scheme is bad in law and arbitrary; and/ or

(b) pass an order directing the respondent to pass necessary orders granting the financial benefits under the ACP/MACP Scheme to the applicant with effect from 09.08.1999 (first finandal upgradation) and consequently second and third financial upgradation from respective dates as per his eligibility with all consequential benefits including arrears of pay with interest @ 18% per annum; and /or

(c) pass an order directing the respondent to fix the pension of the applicant on the-basis of the pay fixed of the applicant after granting him the benefits of financial Upgradation under the ACP/MACP Scheme along with all consequential benefits including -arrears of pension with interests @ 18% per annum; and /or

(d) pass an order directing the respond