The central legal point established in the judgment is that the responsibility of detailing individuals for the pre-promotional cadre course lies with the department, and individuals cannot be deprived of their rightful dues due to the fault of the respondents.

Gita Mittal, J. (Oral)

1. The petitioners in these cases seek quashing of Signals dated 28th May, 2013 and 3rd July, 2013 whereby the respondents have denied benefit to the petitioners under the ACP Scheme on the ground that if they have qualified SUOCC Course after completion of 24 years of service then they will be eligible for the 2nd financial upgradation under the ACP Scheme from the completion of said promotional course and not from completion of 24 years of regular service. The petitioners have further sought for directions to the respondents to grant 2nd financial upgradation to the petitioners as provided under the ACP Scheme on completion of 24 years of regular service.

2. The undisputed facts in the instant case necessary for W P (C) adjudication of the writ petitions are noticed herein after. As per the ACP Scheme in order to be eligible for grant of 2nd financial upgradation, an employee is required to have completed 24 years regular service from the date of his appointment to a post without any promotion in the last 12 years and he should have successfully undertaken the pre-promotional cadre course.

3. Admittedly all the petitioners had completed their 24 years of regular service without there being any promotion in the last 12 years. However, the respondents did not grant the 2nd financial upgradation to the petitioners on the ground that under the ACP Scheme a person was required to fulfill all the norms required for a normal promotion and unless and until the same were fulfilled the said financial benefits could not be given to the individual. In the instant cases, the respondents took the plea that the petitioners had not undertaken the pre-promotional cadre course despite completion of 24 years of service and thus, the 2nd financial benefit could not be granted to them. It is worth while mentioning that the said pre-promotional cadre course could not be undertaken by the petitioners for no fault of theirs but for the reason that the respondents for their own fault did not detail the petitioners to undergo the said pre-promotional courses.

4. The petitioners aggrieved by the illegal acts of the respondents made various representations to the respondents. The respondents after considering the above representations of the aggrieved persons and after analyzing the said issue, passed an order dated 6th March, 2012 issued by the office of Directorate General, CRPF which reads as under:

“Sub: Grant of Financial Benefits under ACP/MACP Scheme-Clarification.

A case was referred to the MHA seeking clarification in connection with grant of financial up-gradation under MACP scheme to the Constables and fixation of pay thereupon. The issue was examined in MHA, DoPT and Department of Expenditure (MoF). After due examination the Ministries have clarified the position as under:

A) The case of Cts who have qualified promotional course (i.e. SCC) and allowed 1st ACP benefit from the next date of termination of SCC qualified by them may be reviewed and they may now be granted financial up-gradation under ACP and MACP schemes as under:

5. Pursuant to the said clarification issued by the Directorate General office in consultation with Ministry of Home Affairs, the respondents passed an order dated 1.2.2013 whereby the 2nd financial up-gradation was granted to petitioners from the date they had completed 24 years regular service from the date of their appointment. Pursuant to the said order, the respondents had also issued an order dated 10th April, 2013 showing the actual fixation of pay to the petitioners after grant of 2nd financial up-gradations.

6. Despite having issued the above orders after issuance of clarification by the Directorate General office as well as the Ministry of Home Affairs, the respondents issued the impugned Signals dated 28th May, 2013 and 3rd July, 2013 whereby it was informed that a Head Constable/GD who qualify SUOCC Course before completion of 24 years regular service will be eligible for