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SURESH KUMAR KAIT, SAURABH BANERJEE
Tarlok Masih (since Deceased) Through: L. r. Smt. Kanta Devi – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Saurabh Banerjee, J. - The petitioner is the widow of one Mr. Tarlok Masih1, who, after joining the Sashastra Seema Bal2 [Special Service Bureau as it then was] on 19.01.1976, completed more than 25 years of service, before taking voluntary retirement as Naik/GD w.e.f. from 01.05.2001. After the death of her husband on 19.08.2011, the petitioner came to know in the year 2017 about introduction of the Assured Career Progression3 Scheme of 09.08.1999 from a batchmate of her late husband. As per her, as her late husband had already completed more than 25 years of service before taking voluntary retirement and was eligible for the grant of financial upgradation under the said ACP scheme, she made a representation dated 09.11.2017 to the respondent No.4/Director General (DG), SSB for grant of the same. 1hereinafter referred to as 'late husband' 2Hereinafter referred to as 'SSB' 3hereinafter referred to as 'ACP' Receiving no response thereto, the petitioner filed the present petition seeking the following reliefs:
'a) issue a writ in the nature of mandamus or certiorari or any other writ or order or directions to the concerned respondent for granting the benefit of 1st financial u
Entitlement to financial upgradation under the ACP Scheme is contingent upon compliance with mandatory requisites, including medical fitness and completion of promotional courses.
Claim for financial upgradation under the Assured Career Progression Scheme is contingent upon meeting medical and service eligibility criteria, which must be substantiated for entitlement.
The central legal point established in the judgment is the interpretation of Annex.A14 OM dated 04.10.2012 and its applicability to the case, emphasizing the requirement of benchmark criteria for fin....
The court affirmed applicants' entitlement to financial upgradation under the Assured Career Progression Scheme, emphasizing eligibility due to completion of service years despite the introduction of....
Retrospective MACP cannot negate crystallized ACP benefits; employees entitled to more advantageous scheme.
Retrospective application of the MACP Scheme does not infringe upon the vested rights of employees under the ACP Scheme, as eligibility does not equate to entitlement.
Retired employees are entitled to financial upgradation under the ACP Scheme from the date of re-musteration, as it is not considered a promotion.
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