BALDEV 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. 02nd 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 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. 2nd July, 2012. 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 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.) Learned counsel for the petitioner submitted that the petitioner completed 12 years of service on 2nd July, 2004 and was offered an opportunity to undergo PCC pursuant to an offer made only in March, 2004. The petitioner was compelled to express his unwillingness to undergo this PCC on the ground of his availing leave to proceed to his native place. The petitioner was offered to undergo PCC commencing w.e.f. 16.08.2004 to 02.10.2004 in the 2nd chance. The petitioner unfortunately failed in the 2nd chance in the PCC, but qualified in the supplementary PCC vide Order No. Comdt., HEP Uri (J & K) S.O. No. 17/2006 dt. 21.02.2006 of the respondent.