MOHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present petition praying inter alia for issuance of a writ of certiorari for quashing the order dated 09.2016, the Signals dated 28.5.2013 and 03.7.2013 whereby he has been denied the benefits under the Second ACP Scheme.

(2.) Vide order dated 09.1.2016, the respondent/CRPF had informed the petitioner that he had not been granted the Second ACP on completion of 24 years of service in the Force for the reason that he had expressed his unwillingness to undergo the pre-promotional course for promotion to the rank of Sub-Inspector.

(3.) Learned counsel for the petitioner states that the date on which the petitioner had expressed his unwillingness to undergo the pre-promotional course was in the year 2010, whereas he had completed 24 years of service by August, 1999 itself. He states that the aforesaid issue is no longer res integra in view of the judgment dated 04.12.2015 passed by a Co-ordinate Bench of this Court in W.P.(C) No. 11175/2015 entitled Surender Prasad Pandey & Anr. vs. UOI & Ors., wherein it has been held in clear terms that the subsequent events of unwillingness or inability to clear the prepromotional course after a force employee had become entitled to the benefit under the ACP Scheme, would not be of any consideration.