MASTAN SINGH Vs. UNION OF INDIA

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. 2nd July, 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. 2nd July, 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 Promotional 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.) Learned counsels for the parties submitted that the petitioner had completed 12 years of service on 2nd July, 2004 and was offered an opportunity to undergo PCC pursuant to an offer made only in August, 2004. The petitioner unfortunately failed in the first attempt in the PCC, but qualified in the supplementary PCC vide Order of the Respondent no. RTC Deoli-II S.O. No. 226/2006 dated 29.12.2006.