JAS RAM Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioners, who are presently working on the post of Sub Inspectors in the CRPF, have prayed for a common relief, which is for grant of the benefit of the second financial upgradation under the ACP Scheme, with all consequential benefits upon fixation of their pay. With the consent of the parties, W.P.(C) 332/2017 shall be treated as the lead matter, for the purposes of arguments.

(2.) For convenience sake, the facts of W.P.(C) No.332/2017 are being noted as below. The petitioner was enrolled in the CRPF on the post of Constable (GD) on 04.01983. He underwent a JCC course in the year 1991 and in the year 1997, he was promoted to the rank of a Sub-Inspector. The petitioner completed 12 years of service in the year 1995 and 24 years of service in the year 2007. However, he was not granted the second financial upgradation on completion of 24 years on the ground that he had not qualified the pre-promotional course, a mandatory condition for promotion to the next rank.

(3.) It is stated by Mr. Chhibber, learned counsel for the petitioners that earlier hereto, Force personnel similarly situated as the petitioner herein, had approached the High Court by filing W.P.(C) No.4258/2013 entitled "Gaj Raj Singh & Ors. Vs. Union of India" and W.P.(C) No.6550/2013 entitled "Suraj Bhan & Ors. Vs. Union of India" praying inter alia that they could not be blamed for non-completion of the pre-promotional course and it was due to the respondents' fault that they had not been granted the second financial upgradation. Finding merit in the plea taken, the aforesaid writ petitions were allowed by the Division Bench vide judgments dated 06.09.2013 and 11.10.201 It is an admitted position that the aforesaid decisions have attained finality and were duly implemented by the respondents for all the Force personnel who had not been granted the second financial upgadation under the ACP Scheme on completion of 24 years of service only on the ground that they had not qualified the pre-promotional courses.