BHAGWAN DAS Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Issue notice. Ms. Monika Arora, Advocate appearing on behalf of the respondents accepts notice. With the consent of the counsel for the parties, the matter is heard finally for disposal.

(2.) The petitioner complains in these proceedings under Art. 226 of the Constitution with respect to timely grant of ACP-he submits that his case for consideration was unduly delayed resulting in injustice.

(3.) The petitioner joined the Central Industrial Security Force (CISF) on 15.06.1994. On 09.08.1999, the Government of India issued the Office Memorandum and brought into force the Assured Career Progression (ACP) Scheme which enables the employees to secure time bound up gradation regardless of availability of vacancies providing a fulfilment of essential conditions prescribed for promotional posts. The petitioner claims that even though he was entitled for consideration for promotion to the higher rank/post, his consideration was unduly delayed. It is submitted that firstly the respondents insisted upon his clearing a pre-promotional course after he became eligible in June 2006. It is submitted that the petitioner had actually underwent the course, the result of which was successfully declared on 03.11.2006. Nevertheless, his case was taken up for consideration only on 29.03.2012 when it was rejected and finally he has now been granted the 1st ACP w.e.f. 02.04.2014 vide order dated 31.03.2015. It is submitted that this is a mere Modified Assured Career Progression benefit (formulated in 2008) contrary to his entitlement to be considered and granted the benefits in 2006.