The High Court dismissed the writ petition filed by the Railway against the CAT order quashing a quantum decision. The Court held that the impugned order was without merit and had already been confirmed by superior courts. Consequently, the writ petition against the CAT's dismissal of the applicant's claim for financial upgradation was dismissed.
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W.P.(C) No.18880 of 2015
&
Misc. Case No.17745 of 2015
03. 02.03.2016 Heard Sri A. K. Mishra, learned counsel for the Railwa
y-petitioner.
This writ petition has been filed challenging the order dated 30.7.201
5, passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack, in O.A. No.2
60/00090 of 2014, quashing the order dated 9.1.2014, under which the prayer of the applicant-o
pposite party no.1 was rejected for grant of 1st financial up-gradation under the ACP Scheme w
.e.f. 07.04.2000 in the scale of Rs.4000-6000/- and directing the Railways to reconsider the c
laim of the applicant for grant of 1st ACP on completion of 12 years service from 08.04.1988 b
y conducting a Review Screening Committee meeting and subject to fulfilment of other conditio
ns of service.
On a perusal of the impugned order, it is seen that learned Tribunal h
as passed the impugned order relying upon the decision in O.A. No.192 of 2010, which has been
confirmed by this Court in W.P.(C) No.12425 of 2012, which has been confirmed by the apex Cour
t in SLP (C) No.11040 of 2013. The operating portion of the impugned order is extracted hereun
der:
5. The above point has already been settled by the decision of this Tribunal date
d 22.03.2012 in O.A. No.192 of 2010 as the same has been upheld by the Honble High Court vide
order dated 06.02.2013 in W.P.C. No.12425 of 2012 and thereafter, the matter on being appealed
of in SLP(C) No.11040 of 2013, the Honble Supreme Court dismissed the same vide order dated 0
2.08.2013. Following the above decision, this Tribunal, later on also granted similar relief t
o the applicant in O.A. No.41 of 2011. Therefore, in our considered view, the point in issue b
eing set at rest, we have no hesitation to hold that the period spent under training till the
date of regularization of his service is reckonable for the purpose of grant of 1st financial
up-gradation under the ACP Scheme. Accordingly, we quash the impugned order dated 09.01.2014 (
A/8) and direct the respondent-Railways to reconsider the claim of the applicant for grant of
1st ACP on completion of 12 years service from 08.04.1988, by conducting a review Screening Co
mmittee meeting and subject to fulfilment of other conditions, he be so granted with consequen
tial financial benefits.
In view of the above, we do not find any infirmity in the impugned ord
er so as to warrant any interference.
Writ petition and Misc. Case being devoid of merit, the same are accor
dingly dismissed.
S.C. Parija, J.
.
Dr. B.R. Sarangi, J.
1
2
2 issues framed by the court
Whether the period spent under training is reckonable for grant of 1st ACP under ACP Scheme
Whether the impugned order of the Central Administrative Tribunal warrants interference in the writ petition
Railway
Opposite Party No. 1
S. C. Parija
Dr. B. R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court