Timely filing is critical for entitlement to career progression benefits; existing promotions invalidate further claims.

JUDGMENT

Sushrut Arvind Dharmadhikari, J.

1. The present Original Petition filed under Article 227 of the Constitution of India assails the order dated 10.07.2023 passed in OA No.180/00031/2019 by the Central Administrative Tribunal, Ernakulam Bench, whereby the claim of the petitioners for a direction that the benefits of the Assured Career Progression Scheme (ACPS) and Modified Assured Career Progression Scheme (MACPS) be released to them was dismissed by the learned Tribunal.

Facts:-

2. The brief facts of the case are that the petitioners have been working in the Naval Physical and Oceanographic Laboratory (NPOL) under the Defence Research and Development Organization (DRDO) for several years. Since no promotion was granted to them for more than 12 years, they were entitled for promotion under the ACP Scheme. The petitioners approached the Central Administrative Tribunal by filing the Original Application, in which the following prayer was made:

(a) Declare that the applicants are eligible for ACP and MACP Scheme benefits from their respective 12 and 20 years of service in DRDO (Defence Research and Development Organization) as they did not get any promotional financial benefits in their service during such periods.

(b) The respondents may be directed to assess the ACP and MACP Scheme benefits with interest due to the applicants and pay the same forthwith.

(c) Issue any other orders as this Hon’ble Tribunal deems fit and proper in the facts and circumstances in the case and also those are prayed for during the pendency of the O.A.

(d) Order for the entire costs.

2.1. The petitioners sought benefit of the ACP and MACP Schemes for their respective 12 and 20 years of service. The petitioners were adversely affected on implementation of 6^th pay Commission report as on 01.01.2006. On implementation of 6^th pay Commission report, the entry cadre was fixed as Senior Technical Assistant ‘B’ and they were provided with the salary benefit and pay scale as that of the Senior Technical Assistant ‘C’. All the petitioners were officiating as Senior Technical Assistant ‘C’ and were serving on the post of Senior Technical Assistant ‘C’ having more than 12 years of service. The petitioners were placed equal with that of the entry cadre Technical Assistant ‘B’ Salary Scale and benefit after the 6^th Central Pay Commission (CPC) pay revision. Therefore, after having rendered past service as on 1.1.2006, they were not granted any promotion or the compensatory Assured Career Progression Scheme benefits, inspite of the fact that they were eligible from 01.01.2006. The learned Tribunal dismissed the Original Application, being aggrieved the present Original Petition is filed by the petitioners herein.

Petitioner’s Contentions:-

3. The Learned counsel for the petitioners contended that the Tribunal erred in dismissing the Original Application without considering the fact that the petitioners were granted only designation change from the post of Technical Assistant ‘C’ to the post of Technical Officer ‘A’, where it is merely a placement to the post of Technical Officer ‘A’ and therefore, no promotion or financial benefits were granted to the petitioners. In these circumstances, the learned Tribunal ought to have allowed the relief as sought by the petitioners for grant of ACP benefits with effect from 01.01.2006. The findings of the learned Tribunal are contrary to the rules and are therefore, liable to be set aside.

Respondent’s Contentions:-

4. Per contra, the learned counsel for the respondents vehemently opposed the prayer and submitted that the learned Tribunal dismissed the Original Application on three grounds.

(i) That the claim for grant of ACP benefits from 01.01.2006 is heavily time bar