Delhi High Court
Akhtar Hussain vs Uoi And Ors on 17 May, 2017
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 17th May, 2017
+ W.P.(C) 7462/2016
AKHTAR HUSSAIN ..... Petitioner
Through: Mr.Ankur Chhibber, Advocate.
versus
UOI AND ORS ..... Respondents
Through: Mr.Arun Bhardwaj, CGSC.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MS. JUSTICE REKHA PALLI
SANJIV KHANNA, J. (ORAL)
1. Learned counsel for the respondents, on instructions, states that they
are opposing the present writ petition only on one ground. We may record,
counsel for the respondents, on instructions, has not raised other objections
or contentions which are so pleaded in the counter affidavit.
2. Counsel for the respondents submits that for the purpose of Assured
Career Progression Scheme, period of 12 and 24 years have to be counted
from the date the petitioner-Akhtar Hussain was re-mustered as Constable
(Driver) in 1992 and not from the date of initial joining as Constable
(General Duty) in 1980.
3. The petitioner-Akhtar Hussain was selected and enrolled as Constable
(General Duty) with Central Reserve Police Force in 1980. The petitioner
thereafter underwent D & M Course in the year 1992 and was re-mustered in
the Driver cadre in the year 1992.
4. It is not the case of the respondents that on re-mustering in 1992, the
petitioner stood promoted from Constable (General Duty) to Constable
(Driver). It is also not the case of the respondents that pay scale of
Constable (Driver) was higher than payable to Constable (General Duty).
5. The question whether the date of initial direct entry as Constable
(General Duty) in 1980 or the date of re-mustering i.e. 1992 would be the
starting point for computing the period of 12 or 24 years under the Assured
Career Progression Scheme, is to be answered by reference to the scheme
which records that the period would commence from the date when the
Government servant is recruited as a direct recruit. The relevant paragraph
of the scheme reads:-
"4. The first financial upgradation under the ACP
Scheme shall be allowed after 12 years of regular service
and the second upgradation after 12 years of regular
service from the date of the first financial upgradation
subject to fulfilment of prescribed conditions. In other
words, if the first upgradation gets postponed on account
of the employee not found fit or due to department
proceedings, etc. this would have consequential effect on
the second upgradation which would also get deferred
accordingly;
5.1 xxxxxx
5.2 Residency periods (regular service) for grant of
benefits under the ACP Scheme shall be counted from the
date grade in which an employee was appointed as a
direct recruit."
6. Office Memorandum No.35034/1/97-Estt(D)(Vol.IV) dated 10th
February, 2000 also answers with the said question/issue. Reference can be
made to answers given to question Nos.4, 5 and 6 which read as under:-
S.No. Point of doubt Clarification
4. In a case where a person is The benefits under ACPS are
appointed to a post on limited to higher pay scale
transfer (absorption) basis and do not confer designation,
from another post, whether duties and responsibilities of
12 years and 24 years of the higher post. Hence, the
service for the purpose of basic criterion to allow the
ACPS will count from the higher pay scale under ACPS
initial appointment or should be whether a person is
otherwise. working in the same pay scale
5. Whether a Government for the prescribed period of
servant, who is direct 12/24 years. Consequently,
recruit in one grade and so long as a person is in the
subsequently joins another same pay scale during the
post again as direct recruit, period in question, it is
is eligible for first financial immaterial whether he has
upgradation under ACPS been holding different posts
after completion of 12 years in the same pay scale. As
of service counted from the such, if a Government servant
first appointment or from has been appointed to another
the subsequent second post in the same pay scale
appointment as direct either as a direct recruit or on
recruit? absorption (transfer) basis or
6. An employee appointed first on deputation basis and
initially on deputation to a later on absorbed (on transfer
post gets absorbed basis), it should not make any
subsequently, whether difference for the purpose of
absorption may be termed ACPS so long as he is in the
as promotion or direct same pay scale. In other
recruitment. What will be words, past promotion as well
the case if an employee on as past regular service in the
deputation holds a post in same pay scale, even if it was
the same pay-scale as that on different posts for which
of the post held by him in appointment was made by
the present cadre? Also, different methods like direct
what will be the situation if recruitment, absorption
he was holding a post in the (transfer)/ deputation, or at
parent cadre carrying a different places should be
lower pay-scale? taken into account for
computing the prescribed
period of service for the
purpose of ACPS. Also, in
case of absorption
(transfer)/deputation in the
aforesaid situations,
promotions earned in the
previous/present
organisations, together with
the past regular service shall
also count for the purpose of
ACPS. However, if the
appointment is made to higher
pay-scale either as on direct
recruitment or on absorption
(transfer) basis or first on
deputation basis and later on
absorbed (on transfer basis),
such appointment shall be
treated as direct recruitment
and past service/promotion
shall not count for benefits
under ACPS. Needless to
say, in cases of transfer on
administrative ground,
involving only change of
station within the same
department, the service
rendered in the same grade at
two stations may count for
ACPS, as such transfers are
within the same organisation,
ordered generally for
administrative/personal
considerations and the service
rendered in the earlier station
counts as eligibility service
for promotion.
7. This being the position as explained and elucidated in the aforesaid
memorandum, the petitioner's service with effect from 1980 has to be
counted for computing the service period under the ACP Scheme. The
petitioner had joined the Government service in 1980 and accordingly has to
be given benefit of 2nd ACP by computation period of 24 years from the said
date.
8. The petitioner would be accordingly entitled to second financial
upgradation with effect from the relevant day in the year 2004.
9. The respondents shall comply with the aforesaid directions within a
period of two months from the date, on which a copy of this order is
received. In case there is delay beyond two months, the respondents would
pay interest at the rate of 8% per annum for the period beyond 2 months till
the date of payment.
Dasti.
SANJIV KHANNA, J
REKHA PALLI, J
MAY 17, 2017
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