BISHAN SINGH Vs. UNION OF INDIA & ANR.

JUDGEMENT

(1.) THE petitioner seeks in this case restoration of the first financial upgradation as per the Assured Career Progression Scheme (herein after referred to as "ACP") w.e.f. 28th February 2004 when he completed 12 years of service with Central Industry Security Force (herein after referred as "CISF") and became entitled for grant of second financial upgradation as per MACP Scheme w.e.f. 28th February, 2012. The undisputed facts in the instant case giving rise to the writ petition are enumerated that as per the ACP scheme other than completion of 12 years of continuous service in the post of Constable, an employee of the CISF is required to have completed 12 years from the date of appointment to a post without any promotional financial benefit being made available to him and he should have also successfully undertaken the Promotion Cadre Course (herein after referred to as "PCC").

(2.) THE petitioner has stated that an employee is granted three chances for successful completion of promotional cadre course as per the applicable ACP Scheme which has been placed before us. This is uncontroverted.

(3.) IT is also an admitted fact before us that the petitioner was granted financial upgradation by the respondents w.e.f. 17th February, 2004. The record placed before us shows that the petitioner successfully qualified the promotional cadre course and the result of the same was informed on 20th July 2005 by the respondent.