Delhi High Court
Rakesh Kumar vs Union Of India & Ors. on 8 July, 2014
Author: Reva Khetrapal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WP(C) No.4138/2014
RAKESH KUMAR ..... Petitioner
Through: Mr.Ankur Chhibber, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Niraj Kumar, Advocate.
CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL
HON'BLE MS. JUSTICE PRATIBHA RANI
O R D E R (ORAL)
: REVA KHETRAPAL, J.
CM No.8313/2014
Exemption granted subject to all just exceptions.
Application stands disposed of.
WP(C) No.4138/2014
1. The present writ petition has been filed for quashing the signals
dated 28.05.2013 and 03.07.2013 whereunder the respondents have
denied benefits to the Petitioner under the ACP Scheme to the extent
that the Petitioner has been held eligible for the 2nd financial
upgradation under the ACP Scheme from the completion of the
promotional course (SUOCC) and not from completion of 24 years of
regular service. The Petitioner has further prayed for directions to the
respondents to grant 2nd financial upgradation benefits to the Petitioner
under the ACP Scheme as has been approved vide order dated
01.02.2013 after completion of 24 years of regular service.
2. The relevant facts are that as per the ACP Scheme, in order to
be eligible for grant of 2nd financial upgradation, an employee is
required to have completed 24 years regular service from the date of
his appointment to a post without any promotion in the last 12 years
and he should have successfully undertaken the pre-promotional cadre
course (SUOCC). It is an admitted fact that the petitioner had
completed his 24 years of regular service without there being any
promotion in the last 12 years. However, the Petitioner was not
granted his financial upgradation as he had not undergone the
promotional course required for promotion to the next rank. It is also
relevant to note that the non-completion of the said pre-promotional
cadre course was not due to the fact that the petitioner had not
undertaken the said course, but for the reason that the respondents for
their own fault did not detail the petitioner to undergo the said pre-
promotional courses.
3. The respondents, acknowledging the above fault of theirs,
issued clarification order dated 06.03.2012 after consultation with the
Ministry of Home Affairs. The said clarification regarding financial
benefits under ACP/MACP Scheme issued by the office of Directorate
General, CRPF reads as under:
"Sub: Grant of Financial Benefits under ACP/MACP Scheme-
Clarification.
A case was referred to the MHA seeking clarification in
connection with grant of financial up-gradation under MACP
scheme to the Constables and fixation of pay thereupon. The
issue was examined in MHA, DoPT and Department of
Expenditure (MoF). After due examination the Ministries have
clarified the position as under:
A) The case of Cts who have qualified promotional course (i.e.
SCC) and allowed 1st ACP benefit from the next date of
termination of SCC qualified by them may be reviewed and they
may now be granted financial up-gradation under ACP and
MACP schemes as under:
Sl. No. Categories of CTs Modalities for Grant of Financial
up-gradation benefits under
ACP/MACP Schemes
1) CTs who qualified Since these CTs were detailed on
promotional course promotional course after
within maximum completion of more than 12 years
permissible three of service, they may be allowed 1st
chances. financial up-gradation under ACP
Scheme (of August 1999) from the
date of completion of 12 years of
service subject to fulfillment of
other eligibility conditions, as
there is no fault on their part for
late detailment on promotional
course.
Financial up-gradation under
MACP will be admissible to such
CTs wherever they complete 20/30
years of continuous regular
service or spent 10 years
continuously in the same Grade
pay whichever is earlier".
4. Thereafter, the respondents passed an order dated 1.2.2013
wherein the 2nd financial up-gradation under the ACP Scheme was
granted to petitioner.
5. Subsequently, however, the Respondents, instead of releasing
the financial benefits to the Petitioner pursuant to the issuance of the
above order, issued the impugned Signals dated 28th May, 2013 and
3rd July, 2013, which are also in direct contradiction to the
clarification order dated 6th March, 2012 issued by the Directorate
General office and the Ministry of Home Affairs. The relevant part of
the Signal dated 3rd July, 2013 reads as under:-
"As such a HC/GD qualified SUOCC before completion of
24 years on regular service will be eligible for financial
up-gradation from the date of completion of 24 years
regular service. However, if he has qualified SUOCC after
completion of 24 years regular service then he is eligible
for financial up-gradation from the date of completion of
said P.Course vis.a.vis other conditions."
6. In the course of hearing, reliance was placed by learned counsel
for the petitioner on the decision rendered in Writ Petition
No.5539/2013 titled Jaipal Singh and Ors. Vs. Union of India and
Ors., Writ Petition No.4258/2013 titled Gajraj Singh Singh and Ors.
Vs. Union of India and Ors. and Writ Petition No.5059/2013 titled Raj
Kanwar and Ors. Vs. Union of India and Ors.by a Co-ordinate Bench
of this Court wherein the impugned signals dated 28.05.2013 and
03.07.2013 were quashed vide a common order dated 06.09.2013. It
was observed that the reason for non-completion of pre-promotional
cadre course of the Petitioner before completion of 24 years' service
was that the Respondents had not detailed the Petitioner for the said
course. Having not done so, the Respondents could not withhold the
benefit of 2nd financial upgradation, which the Petitioner was
otherwise entitled to on completion of 24 years of service only on the
ground that he had not completed the pre-promotional cadre course,
and thereby reap the benefit of their own wrong.
7. Subsequently, vide order dated 11.10.2013, in WP(C)
No.6550/2013 titled Suraj Bhan and Ors. Vs. Union of India and Ors.
the same legal position was reiterated.
8. In view of the aforesaid, we issue a writ of certiorari quashing
the signals dated 28.05.2013 and 03.07.2013. We further direct the
respondents to grant the second financial upgradation to the Petitioner
from the date on which they completed 24 years of regular service.
The respondents are also directed to fix the pay of the Petitioner and
pension of the Petitioner who may have retired pursuant to the grant of
second financial upgradation within a period of eight weeks from the
date of receipt of this order. The order passed by the respondents shall
be communicated to the Petitioner. The arrears in terms of this order
shall be released to the Petitioner within a period of six weeks
thereafter. This, however, shall be subject to verification by the
Respondents.
9. The writ petition is allowed and stands disposed of in the above
terms.
A copy of this order be given dasti to counsel for both the
parties, as prayed.
REVA KHETRAPAL
(JUDGE)
JULY 08, 2014 PRATIBHA RANI
k (JUDGE)
