R.S. RATHORE 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. 20th June, 2000 when he completed 12 years of service with Central Industry Security Force (herein after referred as "CISF") and became entitled for grant of first financial upgradation in the grade of Head Constable under the ACP Scheme and grant of second financial upgradation as per MACP Scheme w.e.f 1st September, 2008.

(2.) THE undisputed facts in the instant case necessary for adjudication of the writ petition are noticed hereafter. As per the ACP scheme, in order to be eligible the 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").

(3.) SO far as the present petitioner is concerned, he had completed 12 years of service on 20th June, 2000 and was offered an opportunity to undergo this PCC pursuant to an offer made only in May, 2003. The petitioner was compelled to express his unwillingness to undergo PCC on the ground of his daughter being seriously ill.