An employee cannot be deprived of financial upgradation for the period during which the employee is unable and unwilling to undergo the Promotion Cadre Course (PCC). The completion of PCC does not change the effective date of grant of financial benefits.

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. 28th February 2004 when he completed 12 years of service with Central Industry Security Force (herein after referred as “CISF”) and became entitled for grant of second financial upgradation as per MACP Scheme w.e.f. 28th February, 2012.

2. The undisputed facts in the instant case giving rise to the writ petition are enumerated that as per the ACP scheme other than completion of 12 years of continuous service in the post of Constable, an 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 Promotion 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. Learned counsel for the petitioner submitted that the petitioner had completed 12 years of service on 28th February, 2004 and was offered an opportunity to undergo PCC pursuant to an offer made only in July, 2004. The petitioner unfortunately failed in the first attempt in the PCC, but qualified in the supplementary PCC vide Order no. RTC Barwaha S.O. No. Part-II No.120/ 2005 dated 20.07.2005 of the respondents.

5. It is also an admitted fact before us that the petitioner was granted financial upgradation by the respondents w.e.f. 17th February, 2004. The record placed before us shows that the petitioner successfully qualified the promotional cadre course and the result of the same was informed on 20th July 2005 by the respondent.

6. It appears that prior thereto the respondents have issued an order dated 14th November, 2004 whereby the ACP benefit granted to the petitioner w.e.f. 17th February 2004 was cancelled due to his failure in the promotion cadre course which was held w.e.f. July, 2004 which he has undertaken as his first chance. As a result, the respondents proceeded to recover the amount paid to the petitioner towards his financial upgradation from 28th February 2004. The petitioner’s representations to respondents were of no avail. The respondent however, proceeded to re-grant the ACP upgradation to the petitioner by order passed vide order no. DIG HEC Ranchi S.O. No. 06/2006 dt. 23rd February 2006 which was made effective only from 30th January 2006. The petitioner was thus denied the benefit of the financial upgradation w.e.f. 28th February, 2004 to 29th January 2006, from which date he was granted the first financial upgradation.

7. Learned counsel for the petitioner has submitted that the respondents have done grave injustice to the petitioner inasmuch as the ACP upgradation could not have been withdrawn. It is further contended that a person becomes eligible for consideration for grant of the ACP upon completing the requisite number of years of service which the petitioner had already completed on 28th February, 2004. The manner in which the respondents worked the ACP Scheme is that the effective date for consideration of the person for entitlement of the grant of financial upgradation is the date on which he acquires the requisite number of years of service in a post without any promotional opportunities being made available to him. It is urged that the completion of the actual PCC would have no effect on the effective date of grant of financial benefits inasmuch as all employees undergo the PCC only after having become eligible for grant of ACP Scheme. It is urged that the same is apparent from the fact that the respondents granted the ACP upgradation to the petitioner w.e.f. 17th February, 2004 when he completed 12 years of continuous service in the rank of Constable without any opportunity