Samapti Chatterjee, J.

1. The petitioner filed the instant writ petition to extend financial upgradation benefit both first and second period under ‘ACP Scheme’ and to fix the petitioner’s pay thereafter in the appropriate scale of pay. The extract of the said ‘ACP Scheme’ is quoted below :-

“Conditions for grant of benefits under the ACP Scheme

1. The ACP Scheme envisages merely placement in the higher pay-scale/grant of financial benefits (through financial upgradation) only to the Railway Servant concerned on personal basis and shall, therefore, neither amount of functional/regular promotion nor would required creation of new posts for the purpose.

2. The highest pay-scale upto which the financial upgradation under the Scheme shall be available to those falling in the entitled categories will be Rs.14,300-18,300. Beyond this level, there shall be no financial upgradation and higher posts shall be filled strictly on vacancy based promotions.

3. The financial benefits under the ACP Scheme shall be granted from the date f completion of the eligibility period prescribed und