YADHAV BALIRAM 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. 15th August, 2000 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. 1st September, 2008.

(2.) 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").

(3.) SO far as the present petitioner is concerned, he had completed 12 years of service on 15th August, 2000 and was offered an opportunity to undergo PCC pursuant to an offer made only in January, 2004. The petitioner unfortunately failed in the first attempt in the PCC, but qualified in the supplementary PCC conducted from 5th July, 2004 to 21st August, 2004.