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Judgment
Mohan M. Shantanagoudar, J.—The order dated 3.12.2010 passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore in O.A. No. 253/2008, is called in question in this writ petition. By the said order, the Tribunal has allowed the application filed by the respondent and directed the petitioners to grant second financial upgradation under ACP Scheme in pay scale of P.S. 6500-10500 to the respondent w.e.f. 9.8.1999 with consequential benefits. The records reveal that the respondent was appointed to the post of Field Assistant w.e.f. 1.3.1970 in Central Cattle Breeding Farm, Hesaraghatta, Bangalore. He was granted 1st Assured Career Progression (ACP) in the scale of Rs. 4500- 7000. Since no further promotional post in the hierarchy was available, he was granted 2nd ACP in the pay scale of Rs. 5000-8000. However, the respondent had been insisting for 2nd ACP in the pay scale of Rs. 6500-10500 i.e., pay scale of Livestock Officer. As the request of the respondent was not considered, he approached the Central Administrative Tribunal by filing O.A. No. 253/2008, which came to be allowed.
While working as Field Assistant in the petitioner-Organization, on the recommendation of Departmental Promotion Committee, the respondent was appointed as Temporary Livestock Supervisor w.e.f. 30.11.1995. However, by the order dated 10.7.1997, the respondent was reverted to his regular post of Field Assistant w.e.f. 30.11.1995. Consequently, he continues to hold the post of Field Assistant till this day. Since the promotion was not granted to the respondent, he was entitled to 1st and 2nd financial upgradation.
Grievance of the respondent is that though he was given 1st and 2nd financial upgradation, the pay scale granted to him is improper. In the 2nd financial upgradation, he is provided with the pay scale of Rs. 5000-8000, whereas according to him, he should be accorded pay scale of Rs. 6500-10500 as in the case of Mr. N.G. Kolkar, who is similarly situated.
Field Assistant may be promoted to the post of Livestock Supervisor as per Rules. The next promotional post from the post of ''Livestock Supervisor'' is ''Livestock Officer''. As per 5th Pay Commission, the Livestock Supervisor is having pay scale of Rs. 5000-8000, whereas post of Livestock Officer is having pay scale of Rs. 6500-10500. Therefore, the respondent is justified in contending that he should be accorded pay scale of Livestock Officer.
However, contention of the petitioner-Department is that the respondent has not got requisite qualification, i.e., two years'' Diploma in Agriculture to get pay scale attached to Livestock Officer and therefore he is given pay scale of Livestock Supervisor.
Such a contention of the Department cannot be accepted. Qualification is not the criteria to provide financial upgradation. It is needless to observe that with an intention to overcome the problem of stagnation and in order to avoid hardship and frustration for a particular employee, the State has thought it fit to provide financial upgradation. Since the respondent is entitled to 2nd financial upgradation and is consequently entitled to pay scale Rs. 6500-10500, the Tribunal is justified in allowing the prayer of the respondent.
It is relevant to note here itself that one Mr. N.G. Kolkar, who was working as Stockman is also granted the 2nd ACP in the pay scale of 6500-10500. Respondent being the Field Assistant who was drawing more salary than Mr. N.G. Kolkar was wrongly provided with less pay scale than Mr. N.G. Kolkar in 2nd ACP. Since the respondent is entitled to pay scale of Rs. 6500-10500, the Tribunal is justified in directing the petitioners to pay such pay scale to the respondent.
Hence, no interference is called for. Accordingly, writ petition fails and the same stands dismissed.