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HIGH COURT OF DELHI
Date of Decision: August 09, 2023
GOVT OF NCT OF DELHI AND ORS. ..... Petitioners
Through: Mrs. Avnish Ahlawat, Standing Counsel GNCTD (Services) with Ms. Tania Ahlawat, Mr. Nitesh Kumar
Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advs.
Through:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA V. KAMESWAR RAO (Oral)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
JUDGMENT
1. The challenge in this writ petition is to an order dated April 28, 2022 passed by Central Administrative Tribunal, Principal Bench, New Delhi (in short ‘Tribunal’) in Original Application 3228/2015 (in short O.A.), whereby the Tribunal has allowed the O.A. filed by the respondent herein.
2. The claim of the respondent before the Tribunal was with regard to second ACP w.e.f. August 09, 1999.
3. The case of the respondent before the Tribunal was that the Govt. of NCT has implemented the Old ACP Scheme as issued by the Govt. of India in the year 2003, but w.e.f. August 09, 1999 and as per the instructions issued by the petitioners, a Teacher working as a TGT, who has the post-graduation qualification, shall be entitled to the second financial upgradation to the scale of 6500-10500 i.e. the scale of the PGT w.e.f. August 09, 1999.
4. The Tribunal granted the relief by stating in paragraph 18 as under:
5. The submission of Mrs. Ahlawat is that instructions, which were issued by the Govt. of NCT to promote a Teacher, if he possesses the Post-Graduation qualification in any subject, shall mean that a Teacher must necessarily have the Post Graduation qualification in the relevant subject for being promoted to the post of PGT for him/her to be eligible of financial upgradation. She submits that when in the year 2003, the petitioners had opted the ACP scheme, the requirement of a TGT possessing the qualification of PGT in the subject, had already come into effect and hence, the eligibility to the PGT scale need to be seen from the perspective of a Teacher having post-graduation qualification in the subject.
6. Though the submission looks appealing on a first blush, but on a deeper consideration, we find that much before, November 04, 1999, that is on August 09, 1999, the entitlement of second ACP to the respondent had arisen as he had Post Graduation qualification though in Political Science. In that sense, he was eligible for financial upgradation w.e.f. August 09, 1999.
7. We are of the view that the order of the Tribunal is justified in the facts of the case. We do not find any merit in the petition. The same is dismissed.
8. Since the time period granted by the Tribunal has expired, we extend the time period for the petitioners to implement the order by two months, effective from today.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J. August 09, 2023