KARAM 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. 17th February, 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. 17th February, 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.) The learned counsel for the petitioner submitted that the petitioner completed 12 years of service on 17th February, 2004 and was offered an opportunity to undergo PCC pursuant to an offer made only in December 2006. The petitioner could not undergo the PCC in the said batch due to medical unfitness (fracture in right leg) and was asked to return to his unit of posting PCC as per advise by the Doctor in the Training Centre.