SAM JOSE Vs. COMMANDANT CENTRAL INDUSTRIAL

JUDGEMENT

(1.) The issue raised in these writ petitions pertains to the eligibility of the petitioners for the benefit of upgradation of pay under the Assured Career Progression Scheme for the Central Government civilian employees. The scheme has been implemented with effect from 9th August 1999. However, the benefits granted to the petitioners herein have been sought to be recovered on the ground that the petitioners did not fulfill the conditions attached to the grant of benefits. Ext.R1(a) produced in W.P.(C). No. 39398/03 is the scheme. Learned Assistant Solicitor General submits that in the case of those who have not been detailed for promotion cadre course and given financial benefits under the ACP Scheme, if they refuse to undergo promotion cadre course or if they fail to qualify the promotion cadre course, the financial upgradation earlier given to them would be stopped from the date of his unwillingness/result of failure. The contention is that steps have been taken to effect the cancellation/recovery since the WPC NO.39398/03 & Conn. Cases Page numbers petitioners were either unwilling to be detailed for promotion cadre course or because they have failed to qualify.

(2.) The contention of the petitioners is that only if they failed to qualify in three chances, any steps could be taken for recovery. Be that as it may, it is seen that during the pendency of the writ petitions, the CISF has issued Circular No.ESTT.1/37/05 dated 19.10.05. The opening Para. of the Circular (Ext.P6) reads as follows:

(3.) In that view of the matter, it is not necessary for this Court to go into the individual merits of each case since the respondents have to consider afresh the matter in the light of the Circular. In the process, it will be noted that in case the personnel have passed the test within the permitted four chances in view of the clarification as above, the benefits cannot be cancelled or recovered. In order to have a fresh look as above, the impugned orders in all these cases are quashed, without prejudice to the liberty to the competent authority to pass the required orders in the light of the Circular referred to above. The writ petitions are disposed of as above.