Ratana Ram Banta v. Union of India & Ors.

1. Counsel as above appears for the respondents and states that counter affidavit need not be filed because all relevant documents have been filed by the writ petitioners.

2. The writ petition is being disposed of noting the dates given by the petitioners ofthe three captioned petitions of having joined service under CRPF and when they completed 12 years and 24 years ofservice,as also 10 years,20 years and 30 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 petition concerns implementation ofthe Assured Career Progression Scheme(ACP)as also the Modified Assured CareerProgression Scheme(MAC),as per the former, 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 oftwenty four years service, ifno second promotion was W.P.(C)No.5675/2015&conn.matters Page2of[6] n ^ earned, subject to fitness, would be entitled to the second financial upgradation;and as perthe latterthree financial upgradations being granted ifno promotion was earned in first 10 years'service,no second promotion was earned after rendering 20 years'service and third promotion not being earned after rendering 30 years'service.

4. The Assured Career Progression Scheme was introduced in the year 1999.The object was to avoid stagnation in service.The scheme envisaged Q placement ofthe incumbent in the next higher grade; akin to an in-situ promotion. The Modified Assured Career Progression Scheme also envisaged placementinthe nexthighergrade;akinto anin-situpromotion.

5. The grievance in the writpetitions isto non-grantofthe benefitofthe financial upgradations.

6. The reason for which AGP benefit of upgradation is not being accorded is that the service rules envisage successful completion ofa prepromotional course. The grievance ofthe writ petitioners on said issue is that the department was at fault inasmuch as the department did not detail the petitionersto undertake the pre-promotional course.

7. The said issue at hand is squarely covered by a Division Bench judgmentofthis Courtin a batch ofwrit petitions decided on September06, ^ 2013^,the lead matter being W.P.(C)No.5539/2013 JaivalSin^h & Ors. vs. Union ofIndia & Ors. The view taken was that if a department has not detailed aperson forpre-promotional coursethe person cannotbe prejudiced bythe inaction ofthe department.

8. We note that on October 27, 2014 an office order had been issued which reads as under:- ''No.P-VII-Sl/lOM-ESTT Dated, the 27th/Oct/2014 To ^ W.P.(C)No.5675/2015&conn.matters Page3of[6] The Spl./Addl.DG, JKZ/CZ/NEZ/SZ. TheInspectors GeneralofPolice, 1 BS/CS/CHHG/CoBRA/JMU/JKD/M&N/MP/NES/NS/NW S/ODISHA/RAF/RAJ/SS/SNR/TPA/WS/WB/OPSKMR/ OPSJHT/ISA MTABU/CRPFACDYKDR. TheDeputyDirector(Accts),PAO,CRPF. Sub REGARDING GRANT OF FINANCIAL BENEFITS UNDER APC/MACPSCHEME-CLARIFICATION. Please refer to this Dte letter No.P-VII-52/2012-Estt dated 8/10/2012andsignalNo.P-VII-52/2013-Esttdated3/7/2013.

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 ofqualifying promotional course and fulfilmentofother eligibility conditions.

3. The issue has been further examined in consultation with MHA &DoPTandfollowing clarifications are issue i) Those Head Constables (GD/Technical/Tradesmen) who were detailed on promotional courses after completion of24 years of service and successfully qualified the promotional course, they may be allowed 2ndfinancial up-gradation under ACP scheme (ofAug'1999)from the date ofcompletion of24 years ofserviceprovided theyfulfils other eligibility conditions on the relevantdate ofcompletion of24years ofservice. 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 9/8/1999and after 31/8/2008. Hi) The Head Constable (GC/Technical/Tradesmen) who have not qualifiedpromotional courses shall not be eligiblefor 2nd W.P.(C)No.5675/2015&conn.matters Page4of[6]:> financial benefit under ACP scheme as they have notfulfilled thepromotion norms.

4. The cases of all affected personnel may be reviewed accordingly. SD/27/10/2014"

9. A clarificatory office memorandum dated February 16, 2015,issued by Ministry ofHome Affairs,has clarified as under:- "CRPF is allowed to grant2ndFinancial 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 ofanyprepromotional 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."

10. A reading ofthe above clearly showsthat ClauseIII ofthe 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.

11. The writ petitions are accordingly disposed of quashing the orders challenged denying grantofACP/MACP benefittothe petitioners. The case ofthe petitioners would be considered for grant ofbenefit under the ACP and MACP scheme and their fitness would be considered with reference to their service record and it would be ignored thatthe petitioners did not clear the pre-promotional courses.

12. The necessary decision would be taken and conveyed to the petitioners within twelve weeksfrom today.Ifpetitioners arefound eligible for being promoted,and as a consequence held entitled to the benefit under W.P.(C)No.5675/2015&conn.matters ^ •J I the ACP and the MACP schemes,the same shall be extended to them within the same period. The arrears would be paid within six weeks ofthe decision being taken. Ifarrears are not paid within six weeks ofthe decision being taken the same shall be paid with simple interest@8%per annum.