Delhi High Court
Vijay Kumar Parasad & Anr. vs Union Of India & Ors. on 13 March, 2015
Author: Pradeep Nandrajog
$~18 to 21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : March 13, 2015
+ W.P.(C) 2408/2015
OM RAJ AND ORS. ..... Petitioners
Represented by: Mr.Ankur Chhibber &
Mr.Prashant Sivarajan, Advs.
versus
UNION OF INDIA AND ORS. ..... Respondents
Represented by: Mr.Kamal Kant Jha, Advocate
with Mr.S.S.Sejwal, Law
Officer
W.P.(C) 2413/2015
VIJAY KUMAR PARASAD AND ANR. ..... Petitioners
Represented by: Mr.Ankur Chhibber &
Mr.Prashant Sivarajan, Advs.
versus
UNION OF INDIA AND ORS. ..... Respondents
Represented by: Mr.Kamal Kant Jha, Advocate
with Mr.S.S.Sejwal, Law
Officer
W.P.(C) 2415/2015
SHISH RAM ..... Petitioner
Represented by: Mr.Ankur Chhibber &
Mr.Prashant Sivarajan, Advs.
versus
UNION OF INDIA AND ORS. ..... Respondents
Represented by: Mr.Kamal Kant Jha, Advocate
with Mr.S.S.Sejwal, Law
Officer
W.P.(C) Nos.2408/2015, 2413/2015, 2415/2015 & 2430/2015 Page 1 of 9
W.P.(C) 2430/2015
SRIKRISHAN ..... Petitioner
Represented by: Mr.Ankur Chhibber &
Mr.Prashant Sivarajan, Advs.
versus
UNION OF INDIA & ORS ..... Respondents
Represented by: Mr. Anurag Ahluwalia, CGSC
with Mr.Bebesh Panda, Adv.
for R-1 & R-4
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE PRATIBHA RANI
PRADEEP NANDRAJOG, J. (Oral)
CM No.4330/2015 in W.P.(C)2408/2015
CM No.4334/2015 in W.P.(C)2413/2015
CM No.4343/2015 in W.P.(C)2415/2015
CM No.4373/2015 in W.P.(C)2430/2015
Allowed.
W.P.(C) Nos.2408/2015, 2413/2015, 2415/2015 & 2430/2015
1. Counsel as above appear for the respondents and state that counter
affidavits need not be filed because all relevant documents have been filed
by the writ petitioners.
2. The writ petitions are being disposed of noting the dates given by the
petitioners of having joined service and when they completed 12 years and
24 years service. We take on record the statement made by learned counsel
for the respondents that these dates would be subject to verification by the
respondents, to which learned counsel for the petitioners agrees.
3. The issue arising in the captioned writ petitions concerns
implementation of the Assured Career Progression Scheme (ACP) as per
which, those who had rendered twelve years service and had earned no
promotion, subject to fitness, would be entitled to the first financial
upgradation and upon completion of twenty four years service, if no second
promotion was earned, subject to fitness, would be entitled to the second
financial upgradation.
4. The facts as averred by the petitioners are as follows.
5. The Petitioner in WP (C) No. 2430 / 2015 joined service in CRPF as a
Constable (GD) on July 08, 1971. He was detailed for and completed the
JCC course in the year 1986. He completed 12 years service on July 07,
1983. He was subsequently detailed for and completed SCC promotional
course for the rank of Head Constable in the year 1993 and was promoted to
the rank of Head Constable in the year 1994. He completed 24 years service
on July 07, 1995.
6. The first writ petitioner in W.P. (C) No. 2408/ 2015 joined service in
CRPF as a Constable (GD) on July 31, 1975 and completed 12 years of
service on July 31, 1987. Subsequently, he was detailed for and completed
the JCC course in the year 1991. In the year 1993 he was detailed for SCC
promotional course and earned promotion to the rank of Head Constable in
the year 1994. On July 31, 1999 he completed 24 years of regular service.
The second writ petitioner in W.P. (C) No. 2408 / 2015 joined service in
CRPF as a Constable (GD) on January 14, 1971 and completed 12 years in
service on January 14, 1983. He was detailed for and completed JCC course
on 1985. In the year 1994 he was detailed for the SCC promotional course.
He was promoted to the rank of Head Constable in the year 1994. He
completed 24 years of service on January 14, 1995. The third writ petitioner
of W.P. (C) No. 2408 / 2015 joined service in CRPF as a Constable (GD) on
January 10, 1972 and completed 12 years in service on January 10, 1984. He
was detailed for and completed JCC course on 1986-87. In the year 1991 he
was detailed for the SCC course. Due to his sheer hard work, he was
promoted to the rank of Head Constable in the year 1992. He completed 24
years of service on January 10, 1996. The fourth writ petitioner in W.P. (C)
No. 2408/2015 joined service in CRPF as a Constable (GD) on February 03,
1972 and completed 12 years in service on February 03, 1984. He was
detailed for and completed JCC course on 1986-87. In the year 1991 he was
detailed for the SCC course. Due to his sheer hard work, he was promoted to
the rank of Head Constable in the year 1992. He completed 24 years of
service on February 03, 1996. The fifth writ petitioner in W.P. (C) No.
2408/2015 joined service in CRPF as a Constable (GD) on January 01, 1972
and completed 12 years in service on January 10, 1984. He was detailed for
and completed JCC course on 1986-87. In the year 1992-93 he was detailed
for the SCC course. He was promoted to the rank of Head Constable in the
year 1993. He completed 24 years of service on January 10, 1996. The sixth
writ petitioner in W.P. (C) No. 2408/2015 joined service in CRPF as a
Constable (GD) on January 10, 1972 and completed 12 years in service on
January 10, 1984. He was detailed for and completed JCC course on 1986.
In the year 1992 he was detailed for the SCC course. Due to his sheer hard
work, he was promoted to the rank of Head Constable in the year 1992. He
completed 24 years of service on January 10, 1996. The seventh writ
petitioner in W.P. (C) No 2408/2015 joined service in CRPF as a Constable
(GD) on January 01, 1972 and completed 12 years in service on January 01,
1984. He was detailed for and completed JCC course on 1986-87. In the
year 1991 he was detailed for the SCC course. Due to his sheer hard work,
he was promoted to the rank of Head Constable in the year 1992. He
completed 24 years of service on January 01, 1996.
7. The petitioner in W.P. (C) No. 2415/2015 joined service in CRPF as a
Constable (GD) on October 14, 1980. He was re-mustered as ROG III Year
in the year 1983-84. Thereafter, he was re-mustered as Naik/RO in May,
1984. He completed 12 years in service on October 14, 1992. He was
detailed for ROG Grade-I Course in 2004. He completed 24 years of service
on October 14, 2004. He earned promotion to the rank of Sub-Inspector on
December 28, 2006. Thereafter, he was detailed for SSICC promotional
course in 2010 and after successful completion of the same he was promoted
to the rank of Inspector on July 03, 2010.
8. The first writ petitioner in W.P. (C) No. 2413/2015 joined CRPF as
Constable (GD) on June 13, 1981. In the year 1987, he underwent D&M
course for conversion from the post of Constable (GD) to Constable Driver.
He completed 12 years in service on June 13, 1993. Thereafter, he was
promoted to the post of Head Constable Driver on October 10, 1997. He
completed 24 years service on June 13, 1995. The second writ petitioner in
W.P. (C) No. 2413/2015 joined CRPF as Constable (GD) on December 01,
1975. He completed 12 years in service on December on December 01,
1987. He earned promotion to the rank of Head Constable on December 10,
1997 and completed 24 years in service on December 01, 1999.
9. The Assured Career Progression Scheme was introduced in the year
1999. The object was to avoid stagnation in service. The scheme envisaged
placement of the incumbent in the next higher grade; akin to an in-situ
promotion.
10. The grievance in the writ petitions is to non-grant of the benefit of
second financial upgradation upon completing twenty four years service.
11. The reason for which ACP benefit pertaining to the second financial
upgradation is not being accorded is that the service rules envisage
successful completion of a pre-promotional course. The grievance of the
writ petitioners on said issue is that the department was at fault inasmuch as
the department did not send the petitioners to undertake the pre-promotional
course.
12. The said issue at hand is squarely covered by a Division Bench
judgment of this Court in a batch of writ petitions decided on September 06,
2013, the lead matter being W.P.(C) No.5539/2013 Jaipal Singh & Ors. vs.
Union of India & Ors.. The view taken was that if a department has not
detailed a person for pre-promotional course the person cannot be prejudiced
by the inaction of the department.
13. We note that on October 27, 2014 an office order had been issued
which reads as under:-
"No. P-VII-52/2014-ESTT Dated, the 27th /Oct/2014
To
The Spl./Addl. DG,
JKZ/CZ/NEZ/SZ.
The Inspectors General of Police, 1
BS/CS/CHHG/CoBRA/JMU/JKD/M&N/MP/NES/NS/NW
S/ODISHA/RAF/RAJ/SS/SNR/TPA/WS/WB/OPS KMR/
OPS JHT/ISA MT ABU/CRPF ACDY KDR.
The Deputy Director (Accts), PAO, CRPF.
Sub :- REGARDING GRANT OF FINANCIAL BENEFITS
UNDER APC/MACP SCHEME - CLARIFICATION.
Please refer to this Dte letter No.P-VII-52/2012-Estt
dated 8/10/2012 and signal No.P-VII-52/2013-Estt dated
3/7/2013.
2. As per guidelines issued vide this Dte letter/signal under
reference, Head Constable (GD/Technical/Tradesmen) were
allowed 2nd financial up-gradation under ACP scheme (of
Aug'1999) from the date of qualifying promotional course and
fulfilment of other eligibility conditions.
3. The issue has been further examined in consultation with
MHA & DoPT and following clarifications are issue :-
i) Those Head Constables (GD/Technical/Tradesmen) who
were detailed on promotional courses after completion of
24 years of service and successfully qualified the
promotional course, they may be allowed 2nd financial
up-gradation under ACP scheme (of Aug'1999) from the
date of completion of 24 years of service provided they
fulfils other eligibility conditions on the relevant date of
completion of 24 years of service.
ii) Since ACP scheme was operative from 9/8/1999 to
31/8/2008. Hence no HC (GD/Technical/Tradesmen)
shall be allowed 2nd financial up-gradation under ACP
scheme (of Aug'1999) prior to 9/8/1999 and after
31/8/2008.
iii) The Head Constable (GC/Technical/Tradesmen) who
have not qualified promotional courses shall not be
eligible for 2nd financial benefit under ACP scheme as
they have not fulfilled the promotion norms.
4. The cases of all affected personnel may be reviewed
accordingly.
SD/ 27/10/2014"
14. It was also pointed out that the respondents have issued a clarification
dated February 16, 2015 issued by Ministry of Home Affairs, wherein it has
been clarified as under:--
"CRPF is allowed to grant 2nd Financial Up Gradation under ACP
Scheme to all eligible, Constable/Head constable
(Executive/Technical/Tradesmen) from the date they have completed
24 years of regular service, overlooking the condition of any pre-
promotional course criteria in those cases where such personnel
could not be sent on pre-promotional course by CRPF, due to
administrative reasons and not due to any reason owing to such a
person concerned, as clarified by DoP&T."
15. A reading of the above clearly shows that Clause III of the letter dated
October 27, 2014 issued by the respondents has already been nullified and
superseded by the clarification issued by the respondents on February 16,
2015 and the signal dated February 20, 2015. Thus as of today, the
requirement of undergoing the pre-promotional courses for grant of 2nd ACP
benefit on completion of 24 years service is not mandatory any more.
16. We note that all the petitioners have completed the twenty four years
of service though they have not undergone the pre-promotional courses. It is
the case of the petitioners that they have never been detailed for the said pre-
promotional courses by the respondents. Thus they are squarely covered by
the clarification issued by the respondents vide its clarification dated
February 16, 2015.
17. The issue of reckoning 12 years and 24 years for those who were re-
mustered has already been decided by us on March 05, 2015 while deciding
a batch of writ petitions, lead matter being W.P.(C) No.388/2015 in which
we have held that the period would reckon from the date of initial
appointment to the post of Constable.
18. The petitions are accordingly disposed of issuing a direction that the
verification of the dates of employment and the dates when petitioners
completed 12 and 24 years service as also fitness of the petitioners for grant
of ACP benefit shall be completed within 12 weeks from today and such
petitioners who are found eligible for grant of ACP benefit would be paid
the arrears after refixation of their pays as also pension. Such petitioners
who are found unfit for grant of the benefit would be conveyed the reasons
for the same, and needless to state in said eventuality they would be entitled
to remedy as per law.
19. No costs.
(PRADEEP NANDRAJOG)
JUDGE
(PRATIBHA RANI)
JUDGE
MARCH 13, 2015
pg/mamta
