RAKESH KUMAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) CM No.8313/2014

(2.) The relevant facts are that as per the ACP Scheme, in order to be eligible for grant of 2nd financial upgradation, an employee is required to have completed 24 years regular service from the date of his appointment to a post without any promotion in the last 12 years and he should have successfully undertaken the pre-promotional cadre course (SUOCC). It is an admitted fact that the petitioner had completed his 24 years of regular service without there being any promotion in the last 12 years. However, the Petitioner was not granted his financial upgradation as he had not undergone the promotional course required for promotion to the next rank. It is also relevant to note that the non-completion of the said pre-promotional cadre course was not due to the fact that the petitioner had not undertaken the said course, but for the reason that the respondents for their own fault did not detail the petitioner to undergo the said prepromotional courses.

(3.) The respondents, acknowledging the above fault of theirs, issued clarification order dated 06.03.2012 after consultation with the Ministry of Home Affairs. The said clarification regarding financial benefits under ACP/MACP Scheme issued by the office of Directorate General, CRPF reads as under: