Narrative:

As we completed our turn to an assigned heading of 100 degrees and were climbing through approximately 4000 ft to our assigned altitude of 15000 ft, we spotted a military C130 directly ahead, slightly above us, and approximately 2 mi away. We immediately increased our rate of climb and received a TCASII traffic alert at about the same time. ATC then instructed us to descend to 4000 ft and turn left to 040 degrees. We were already above the traffic and climbing rapidly, so we continued climbing above the C130. In my judgement, descending back down to 4000 ft would have taken us closer to the traffic. We did not get a TCASII RA, I believe, because we had expedited our climb early on. After we were clear of the C130 I asked departure control for an explanation and he said it was their error. Upon arrival at our destination I called lit ATC and they told me that they were doing controller training and had missed seeing that our assigned heading and altitude would conflict with the C130 which was in a holding pattern.

Related reports:

Google
 

Original NASA ASRS Text

Title: FLC OF A DC9-30 TOOK EVASIVE ACTION IN RESPONSE TO OBSERVING A MIL C130 DIRECTLY AHEAD AND SLIGHTLY ABOVE THE ALT THROUGH WHICH THEY WERE CLBING. IN ADDITION, TCASII ISSUED AN ALERT AND THEN ATC ISSUED AN IMMEDIATE DSCNT.

Narrative: AS WE COMPLETED OUR TURN TO AN ASSIGNED HEADING OF 100 DEGS AND WERE CLBING THROUGH APPROX 4000 FT TO OUR ASSIGNED ALT OF 15000 FT, WE SPOTTED A MIL C130 DIRECTLY AHEAD, SLIGHTLY ABOVE US, AND APPROX 2 MI AWAY. WE IMMEDIATELY INCREASED OUR RATE OF CLB AND RECEIVED A TCASII TFC ALERT AT ABOUT THE SAME TIME. ATC THEN INSTRUCTED US TO DSND TO 4000 FT AND TURN L TO 040 DEGS. WE WERE ALREADY ABOVE THE TFC AND CLBING RAPIDLY, SO WE CONTINUED CLBING ABOVE THE C130. IN MY JUDGEMENT, DSNDING BACK DOWN TO 4000 FT WOULD HAVE TAKEN US CLOSER TO THE TFC. WE DID NOT GET A TCASII RA, I BELIEVE, BECAUSE WE HAD EXPEDITED OUR CLB EARLY ON. AFTER WE WERE CLR OF THE C130 I ASKED DEP CTL FOR AN EXPLANATION AND HE SAID IT WAS THEIR ERROR. UPON ARR AT OUR DEST I CALLED LIT ATC AND THEY TOLD ME THAT THEY WERE DOING CTLR TRAINING AND HAD MISSED SEEING THAT OUR ASSIGNED HEADING AND ALT WOULD CONFLICT WITH THE C130 WHICH WAS IN A HOLDING PATTERN.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.