W,P,(G) 6490/2017 v. UNION OF INDIA AND ORS

1. This order is in continuation ofthe order dated 07.03.2018, on which date, at the request of Ms. Acharya, learned ASG, who had appeared on behalfofthe respondents and had sought further time to enable the Director Generals ofall CAPFs to file their respective affidavits well before the next date ofhearing, the matter was adjourned for today,

2. Today, Ms. Acharya, learned ASG states that the affidavits of the Director Generals ofCRPF, BSF, CISF. ITBP and SSB have been filed. For the sake of convenience, acompiled statement ofinformation furnished m the said affidavits is handed over with acopy to the learned counsels for the petitioners and is taken on record. W.P.(C)Nos.1337/2018& connectedmatters 2of[7]

3. As per the information furnished in the compilation, in CRPF, 16124 Force personnel have completed 24 years ofservice and have been given the benefits of the ACP Scheme. The said benefits have been denied to 188 Force personnel for the.reason, "non-entitlement to undergo the course " and

81 Force personnel have refused to undergo the course. As for the remaining 127 Force personnel, the respondent/CRPF is directed to undertake an exercise to examine ifthey have qualified by now for being granted the ACP benefits and if not, prepare a list indicating the dates on which they will qualify, so that consequential steps can be taken without the said Force personnel having to loiock at the doors ofthe court. Needful shall be done within eight weeks. 4.- Coming next to the BSF, it is stated in the compilation that out of 8276 Force personnel, 7474 have been granted the benefit of the ACP Scheme. However, 802 Force personnel have not been given the said benefits for reasons ranging from ineligibility or refusal to undergo the course, topending departmental enquiries.

5. With regard to the CISF, though column 2 of the compilation has been left blank, learned ASG states, on instructions, that 8438 Force personnel have been extended the benefits of the ACP Scheme and 118 Force personnel have been declined the said benefits for the reasons that they were unwilling to undergo the course. Though, it has been stated in column 3ofthe compilation that the said118 Force personnel were granted the said benefit eventually, learned ASG clarifies, on instructions, that the said Force personnel were not granted the benefits ofthe ACP Scheme, but of the MACP Scheme. W.P.(C) Nos.1337/2018 &connectedmatters Page3of[7] />

6. Coming to ITBP, the compilation records that 9998 Force personnel have been extended the benefits ofthe ACP Scheme. However, 2342 Force personnel have not been given the said benefits for reasons ranging from non-detailment to undergo the course, to unwillingness to do so. Itis stated in column 3 ofthe said compilation that all the above 2342 cases are under examination.

7. Learned ASG states that if granted eight weeks' time, a separate statement shall be filed on affidavit by the Director General, ITBP clarifying inter alia the current status of the said cases and the reasons for not extending the benefit ofthe ACP Scheme to them. Needful shall be done within ten weeks, with acopy to counsels for the petitioners. 8." Lastly, SSB has stated that out of 5705 Force personnel, benefits of the ACP Scheme have been granted to 2209'Force personnel. The reasons for declining the said benefit to 3496 Force personnel ranges from lack of educational qualification and issues ofmedical fitness to refusal to undergo the course.

9. Learned ASG states, on instructions, from each ofthe counsels for the respondents, i.e., CRPF, BSF, ITBP, CISF and SSB, that as per the records, the number ofForce personnel who haye completed 24 years ofservice and have not been given the benefits ofthe ACP Scheme, have been reflected in the compilation and a due diligence shall be undertaken by each of the CAPFs to ensure that no name has, been left out due to oversight.

10. Since Mr. Chibber, learned counsel for the petitioners informs us that prior hereto, directions were issued by the Court calling upon each Force personnel, who seeks the benefits ofthe ACP Scheme to first issue alegal W.P.(C) Nos.1337/2018 &connectedmatters p^gg4of[7] notice to the concerned Force and only thereafter, approach the court for, relief and he has already issued notices in some cases to one or the other Force, it is deemed appropriate to direct that henceforth, if any ofthe Forces receive a notice from a Force personnel claiming the benefits of the ACP Scheme, if he is found eligible, necessary steps shall be taken by the respondents to sanction the said benefits and release the amount within eight weeks from the date ofreceipt ofsuch a notice. If even after expiry ofthe period of eight weeks reckoned from the date of receipt of such a legal notice, no relief is granted to an eligible Force personnel and he is compelled to approach the court for relief, a serious view shall be taken in the matter and in that eventuality, the Court would be inclined to impose heavy costs on the respondents, depending on the fact situation in each case. It is ftirther directed that each ofthe Forces shall file a list ofthe names and details ofthe Force personnel mentioned in column 3ofthe compilation so that the records pertaining to the due diligence undertaken by the respondents is complete in all aspects. Needfiil shall be done on affidavits ofthe concerned D.G.'s of the CAPF's within ten weeks.

11. In view of the aforesaid affidavits and instructions received by the learned ASG from the counsels for the respondents, which is in turn confirmed by learned counsel for the petitioners,. W.P.(C) 1347/2018, W.P.(C) 1348/2018, W.P.(C) 1364/2018, W.P.(C) 1365/2018, W.P.(C) 5528/2017 and W.P.(C) 8457/2017 that relate to the CRPF, and where necessary sanctions have been> granted, are disposed of with directions issued to the respondents to take all consequential steps of sanctioning the benefits ofthe second ACP to the concerned petitioners, within eight weeks fKR(C) Nos.1337/2018 &connectedmatters Page5of[7] from today. However, W.P.(C) No.8457/2017 shall be kept alive only for purposes of examining the affidavits directed to be filed above.

12. Mr. Chibber, learned counsel for the petitioners in WP(C) No.5527/2017 submits that there are two petitioners in the said petition. Petitioner No.2 has been sanctioned the benefits of the ACP Scheme but payment has yet to be released by the respondents/CRPF, though it is the stand of the counsel for the respondents that the said petitioner has been sanctioned the benefits and the payments have already been released. It is the stand ofthe respondents that the petitioner No.l has been granted the arrears ofACP benefits way back in the year 2005. However, counsel for the petitioner states no such arrears have been received by the petitioner No.l. He is directed to obtain necessary instructions in this regard. An affidavit shall be filed by the respondents on the above aspect within three weeks, with a copyto the petitioner.

13. List WP(C) No.5527/2017 on 17th July, 2018, in the category of 'Directions'.

14. WP(C)1337/2018 has been filed against the ITBP. Counsel for the petitioner therein states that necessary sanction for grant ofthe benefit under the 2"^ ACP Scheme has been granted by the respondents, but the payments have yet to be released.

15. Ms. Babbar, learned counsel for the respondents states, on instructions, that the said benefits shall be released in favour ofthe petitioner within four weeks from today. While binding the respondents to the aforesaid submission, WP(C)1337/2018 is disposed of W.P.(C) Nos.1337/2018 &connectedmatters Page 6of[7] w /•

16. WP(C)No.1346/2018 is directed against the BSF. Learned ASG states on instructions, that the petitioner in the present case was awarded punishments on account of misconduct in the years 1991, 1992, 1998 and 1999 and during the currency pfthe punishment awarded to him in the year 1999, he had applied for VRS, which was duly granted on 31.1.2000. Asa result, heisnot entitled to the benefits ofthe second ACP.