JUDGMENT

Vinod Chandran, J.

Whether the ad hoc service rendered by the respondents herein who were the applicants before the Tribunal, should be reckoned for the purpose of granting the first financial upgradation as per the Assured Career Progression Scheme is the question arising. We refer to the parties and annexures from their status in the original application.

2. The learned Assistant Solicitor General of India appearing for the petitioners specifically refers to the Office Memorandum dated 9.8.1999 introducing the ACP Scheme as also the clarification issued by O.M dated 10.2.2000 to contend that for the purpose of ACP only regular service which counts for the purpose of regular promotion in terms of Recruitment Rules of Service Rules shall count for the purpose of up-gradation.

3. Sri.Shafik M.A., learned counsel appearing for the respondents submits that there were many orders passed by the Central Administrative Tribunal, in cases of similar situated persons, which were upheld by this Court and later SLP too was rejected by the Honourable Supreme Court. The learned Assistant Solicitor General of India however specifically points out Annexure A10 to contend that the question