DHARMABIR YADAV Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) C.M.No.11967/2015 (for exemption)

(2.) The grievance of the petitioner in this proceeding under Article 226 of the Constitution of India is with regard to the unjustified denial of the second financial upgradation in terms of the Assured Career Progression Scheme ("ACP Scheme") formulated by the Central Government on 09.08.1999. The Scheme concededly applies to members of the paramilitary forces - in this case, the Central Reserve Police Force ("CRPF"). The petitioner initially joined CRPF as Constable (General Duty). With the introduction of ACP Scheme, he was entitled to the first financial upgradation - in case he was not beneficiary of any regular promotion, during the first 12 years of his service subject to the further condition that he fulfilled the criteria for promotion.

(3.) The issue at hand concerns the petitioner's entitlement to the second financial upgradation. The CRPF, as a general rule, insisted that only those who detailed and were successful in completing promotional courses could claim ACP benefits from the date of their clearing the said course. This position was held to be contrary to the ACP Scheme long back in a judgment of this Court, i.e., Jaipal Singh & Ors. v. UOI & Ors. (W.P.(C) 5539/2013). Later clarifications issued by the CRPF did not clear the air but instead resulted in imposition of additional barriers. This Court dealt with the Circulars/clarifications and unequivocally declared that those who completed qualifying 24 years of continuous service and are otherwise eligible irrespective of their having completed promotional courses had to be given the second financial upgradation. The latest in the series of judgments was the one delivered by another Division Bench as recently as on 05.03.2015 - Om Prakash & Ors. v. UOI & Ors. (W.P.(C) 388/2015 and other connected cases). This Court had then held that: -