RAS YADAV 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. 25th April 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. 25th April 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 promotion cadre course as per the applicable ACP Scheme which has been placed before us. This is uncontroverted.

(3.) Learned counsel for the petitioner submitted that the petitioner had completed 12 years of service on 25th April, 2004 and was offered an opportunity to undergo PCC pursuant to an offer made only in June, 2004, which the petitioner could not avail by submitting the unwillingness to the respondents. Although the petitioner was again detailed for the promotion cadre course from 16th August, 2004 to 2nd October, 2004, he unfortunately failed in the same, but qualified in the supplementary PCC conducted from 23rd March 2005 to 30th March 2005.