(1.) Heard Mr. Shobhit Saharia, learned counsel for the petitioner and Mr. S.S. Chaudhary, learned Brief Holder for the State of Uttarakhand.
(2.) The jurisdiction of this Court has been invoked by the petitioner seeking a writ of certiorari to quash the order dated 28.02.2017 as well as the recommendation of the scrutiny committee as referred to in the order dated 28.02.2017. In this writ petition, the petitioner claims the Third Assured Career Progression Scheme benefits, as provided by the Government Order dated 08.03.2011, contending that, though the said third ACP benefit accrued in his favour on 13.07.2015, he was denied the said benefit on the ground that a major penalty was imposed upon him subsequently on 30.08.2016.
(3.) Facts, to the limited extent necessary, are that, by proceeding dated 05.08.2015, the petitioner's claim for grant of the 3rd ACP financial benefits was recommended. The petitioner's entitlement, for the 3rd financial benefit under the ACP scheme, was in terms of the Government Order dated 08.03.2011, and accrued to him on 13.07.2015. The petitioner was imposed a major penalty of stoppage one increment with cumulative effect by order dated 30.08.2016; and the increment granted him to in the month of January 2016, till the month of September 2017, was directed to be recovered from the salary payable to him for the month of October 2016. The petitioner invoked the jurisdiction of this Court contending that there was no adverse order against him when the 3rd ACP benefit became due to him on 13.07.2015.