ORDER OF THE HON' HIGH COURT DISMISSING THE APPEAL FILED BY THE DOP AGAINST THE JUDGMENT BY THE HON' PRINCIPAL CAT, DELHI ON THE STEPPING UP OF PAY IN ACP IN THE CASE FILED BY THE AIPAEA

IN THE HIGH COURT OF DELHI AT NEW DELHI
 
  W.P.(C) 7421/2013

  UNION OF INDIA and ANR. ..... Petitioners

  Represented by: Mr.S.M.Zulfiqar Alam, Advocate

Versus

  ALL INDIA POSTAL ACCOUNTS

  EMPLOYEES and ANR ..... Respondents

  Represented by: Mr.B.K.Berera, Advocate

  CORAM:

   HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

   HON'BLE MR. JUSTICE V. KAMESWAR RAO

   O R D E R

   27.11.2013

  Cav.1062/2013

  Since counsel as above appears for the caveator/respondent, the
  caveat stands discharged.

  C.M No.15902/2013

  Allowed.

  W.P.(C) 7421/2013

  1. Having heard learned counsel for the parties, in view of the law
  declared by the Supreme Court in the batch of appeals, lead matter being
  CA No.3250/206 Commissioner and Secretary to Government of Haryana and Ors.

Vs. Ram Swaroop Ganda and Ors., copy whereof has been annexed at pages 121
  to 136 of the writ petition, we find no merit in the writ petition for

  W.P.(C) 7421/2013 page 1 of
  3

  the reason the Supreme Court has categorically held that while granting
  upgradation as per the ACP scales, if a senior starts receiving salary
  less than the junior, the salary of the senior has to be stepped up.

  2. Relevant facts are, as noted by the Tribunal, that in the
  Department of Posts, Lower Division Clerks were entitled to be promoted
  as Junior Accountant and therefrom to Senior Accountant. Those who were
  appointed as LDCs and earned two promotions i.e. to the post of Junior
  Accountant and Senior Accountant were not entitled to the benefit of ACP
  scheme which envisaged a financial upgradation after 12 years? service if
  no promotion was earned and a second financial upgradation if within the
  next 12 years no further promotion was earned. The result was persons
  appointed as Junior Accountants by direct recruitment after those who
  were promoted to said post from the post of LDC, earned one promotion to
  the post of Senior Accountant. They were granted the ACP benefit after
  12 years? service. The result was that LDCs who were senior as Junior
  Accountants as also as Senior Accountants stagnated at the pay scale of
  Senior Accountant. Those who were appointed as Junior Accountant and
  were promoted thereafter as Senior Accountant started receiving the next
  higher pay scale.

  3. The Tribunal has correctly opined that the principle of stepping up
  of pay would be applicable.

  4. There is a complete parity with the law declared by the Supreme
  Court in Ram Swaroop Ganda?s case (supra).

  5. The writ petition is dismissed in limine.

  6. No costs.

  W.P.(C) 7421/2013 page 2 of 3

  C.M No.15901/2013

  Dismissed as infructuous.

  PRADEEP NANDRAJOG, J

  V. KAMESWAR RAO, J

  NOVEMBER 27, 2013

  mamta