UNION OF INDIA Vs. ASHOK KUMAR SHARMA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment of the Division Bench of the Jammu and Kashmir High Court whereby the appeal filed by the Appellants against the order of the learned Single Judge directing grant of the benefit of second financial up-gradation to the Respondent in accordance with Assured Career Progression Scheme (for short, 'the Scheme') circulated by the Government of India vide G.O. dated 9.8.1999 was dismissed.

(3.) The Respondent was appointed as Sub-Inspector in the Border Security Force on 01.03.1974. He was dismissed from service vide order dated 16.02.1984 on the charge of overstaying the sanctioned leave by a period of 210 days. On a representation made by the Respondent, the competent authority ordered his reinstatement with the direction that the period of absence from duty will be converted into leave of the kind due which may be admissible to the Respondent. Thereafter, Commandant, 13 Battalion, Border Security Force, passed order dated 20.10.1989 whereby he regularised the period during which the Respondent remained out of service by granting Half Pay Leave of 198 days' and Extraordinary Leave of 5 years, 7 months and 27 days with a clear stipulation that his date of increment shall stand shifted from 01.03.1984 to 29.10.1989.