The main legal point established in the judgment is the entitlement to financial upgradation under the ACP Scheme, the distinction between 'stoppage' and 'withdrawal' of financial benefits, and the unjustified recovery of pay and allowances by the respondents.

Gita Mittal, J.

1. The petitioner seeks in this case restoration of the first financial upgradation as per the Assured Career Progression Scheme (herein after referred to as “ACP”) w.e.f. 27th October, 2000 when he completed 12 years of service with Central Industry Security Force (herein after referred as “CISF”) and became entitled for grant of first financial upgradation in the grade of Head Constable under the ACP Scheme and grant of second financial upgradation as per MACP Scheme w.e.f 1st September, 2008.

2. The undisputed facts in the instant case necessary for adjudication of the writ petition are noticed hereafter. As per the ACP scheme, in order to be eligible the employee of the CISF is required to have completed 12 years from the date of appointment to a post without any promotional financial benefit being made available to him and he should have also successfully undertaken the promotional cadre course (herein after referred to as “PCC”).

3. The petitioner has stated that an employee is granted three chances for successful completion of promotional cadre course as per the applicable ACP Scheme which has been placed before us. This is uncontroverted.

4. So far as the present petitioner is concerned, he had completed 12 years of service on 27th October, 2000 and was offered an opportunity to undergo PCC pursuant to an offer made only in 2003 which was to be conducted between 5th May, 2003 and 2nd August, 2003. The petitioner joined the course. However, while undergoing the PCC, the petitioner had received an emergency call from his home confirming that his father in law had suffered a heart attack necessitating his presence in his native place. As such the petitioner was compelled to express his unwillingness to undergo PCC on the ground of attending to his father-in-law who suffered a heart attack while he was undergoing PCC.

5. Learned counsel for the parties have placed reliance on the Unwillingness Certificate dated 18th July, 2003 submitted under the signatures of the petitioner wherein he had stated as follows :-“UNWILLINGNES CERTIFICATE I No.884530066 Const Name : G.V. Krishnaiah of CISF Unit, BHEL (EDN) Bangalore is hereby submitted by Un-willingness to attend the promotion Cadre Course to the rank of constable to HC/GD which is held at CISF Unit CH.PT Chennai w.e.f 07.07.2003 for 07 weeks period. I also declared that I am ready to forgo my promotion ACP Benefits and will not claim in future.

6. While learned counsel for the respondent would contend that the petitioner had unequivocally expressed his unwillingness to undertake the PCC and that he had also clearly given his no objection to his supersession for the ACP due to his unwillingness. Learned counsel for the petitioner has however urged at some length that the unwillingness was restricted and limited only to the specific offer. It is submitted that the petitioner has expressed his unwillingness only to undergo PCC which commenced w.e.f. 5th May, 2003 and had not repudiated any other offer made by the respondents. He was willing to undergo the PCC in subsequent batches commencing soon after July 2003 after the recovery of his father in law.

7. It is also an admitted fact before us that the petitioner was granted financial upgradation by the respondents w.e.f. 27th October, 2000. The record placed before us shows that the petitioner successfully qualified the promotional cadre course and the result of the same was informed on 8th September, 2004 by the respondent. The petitioner had undergone the course between 5th July, 2004 to 21st August, 2004.

8. It appears that prior thereto the respondents without any intimation to the petitioner in August, 2003 cancelled the ACP benefit granted to the petitioner w.e.f. 27th October, 2000 vide order dated 1st February, 2001 was cancelled due to the submission of his unwillingness to undergo the promotion cadre course which was held w.e.f. 5th May, 2003. As a result, the respondents proceeded to recover t