Hemant Gupta, J.

Re.: I.A. No. 969 of 2016

1. This application is for condonation of delay of 45 days in filing the Letters Patent Appeal.

2. For the reasons mentioned in the Interlocutory application, we are satisfied that the appellant has shown sufficient cause to seek condonation of delay in filing the present Letters Patent Appeal.

3. Consequently, Interlocutory Application is allowed and delay in filing the Letters Patent Appeal is condoned.

Re.: L.P.A. No. 248 of 2016

4. The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 23rd September, 2015 whereby, the claim of the appellant for grant of Assured Career Progression (A.C.P.) pay scale in terms of ACP Rule, 2003 was declined. The claim was not allowed for the reason that the appellant has been imposed punishment on 27.08.1993 disentitling the appellant for promotion for 10 years.

5. Learned counsel for the appellant contends that such condition to deny promotion is for regular promotion and not for the grant of ACP pay scale.

6. However, we do not find any merit in such argument. The clause 4(5) of the ACP Rules, 2003 reads as under:

"The prescribed requireme