PATAN SAHEBJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein had joined the services of the Central Industrial Security Force, which comes under the Central Armed Forces, on 3/8/1983 and later was promoted as Head Constable. Since he had completed 30 years of service, he claimed for entitlement to 3rd Modified Assured Career Progression Scheme (hereinafter called as 'MACP Scheme'). His claim was denied through the impugned order dtd. 15/2/2016, which is put under challenge in the present Writ Petition.

(2.) The petitioner herein was granted 1st financial upgradation under MACP Scheme on 30/1/2004 and 2nd financial upgradation was granted on 1/1/2011. However, his 3rd financial upgradation on completion of 30 years, was denied upon his non-qualification on fulfilment in the prepromotional norms.

(3.) When MACP Scheme came up for consideration in the case of 'Union of India & others Vs. Ex. HC/GD Virender Singh' made in SLP (Civil) No.16442 dtd. 22/8/2022, the Hon'ble Supreme Court had taken note of the submissions made by the Additional Solicitor General that the personnel working in the Central Armed Forces would be granted financial benefit under the MACP Scheme on completion of prescribed years of regular service by relaxation in cases where, they could not be sent for participation in pre-promotional course, on account of administrative or other reasons. By observing that the members of the Central Armed Forces are doing duty for the nation and that they are deprived of adequate promotional avenues and facing hardship, it was ordered that a liberal, pragmatic and ameliorative approach requires to be made to succour genuine grievances of such personnel. The relevant portion of the order reads as follows:-