SURAJ BHAN Vs. UOI

JUDGEMENT

(1.) The petitioners in these cases seek quashing of Signals dated 28th May, 2013 and 3rd July, 2013 whereby the respondents have denied benefit to the petitioners under the ACP Scheme on the ground that if they have qualified SUOCC Course after completion of 24 years of service then they will be eligible for the 2nd financial upgradation under the ACP Scheme from the completion of said promotional course and not from completion of 24 years of regular service. The petitioners have further sought for directions to the respondents to grant 2nd financial upgradation to the petitioners as provided under the ACP Scheme on completion of 24 years of regular service.

(2.) The undisputed facts in the instant case necessary for W P (C) adjudication of the writ petitions are noticed herein after. As per the ACP Scheme in order to be eligible for grant of 2nd financial upgradation, an employee is required to have completed 24 years regular service from the date of his appointment to a post without any promotion in the last 12 years and he should have successfully undertaken the pre-promotional cadre course.

(3.) Admittedly all the petitioners had completed their 24 years of regular service without there being any promotion in the last 12 years. However, the respondents did not grant the 2nd financial upgradation to the petitioners on the ground that under the ACP Scheme a person was required to fulfill all the norms required for a normal promotion and unless and until the same were fulfilled the said financial benefits could not be given to the individual. In the instant cases, the respondents took the plea that the petitioners had not undertaken the pre-promotional cadre course despite completion of 24 years of service and thus, the 2nd financial benefit could not be granted to them. It is worth while mentioning that the said pre-promotional cadre course could not be undertaken by the petitioners for no fault of theirs but for the reason that the respondents for their own fault did not detail the petitioners to undergo the said pre-promotional courses.