The correct calculation of benefit dates and the impact of the currency of punishment on entitlement to financial up-gradation under the ACPS and MACPS schemes are crucial legal principles established in the judgment.

1. Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC representing the respondent Union of India.

2. The grievance of the petitioner in a nutshell, raised in the instant writ petition is as regards non grant of benefit of third financial up-gradation in accordance with Assured Career Progression Scheme (ACPS) inasmuch as according to the petitioner, he had completed 30 years of continuous service in Central Industrial Security Force as on 01.01.2013, when according to the petitioner, he was entitled to be granted the third financial up-gradation.

3. Mr. Mazumdar, learned counsel for the petitioner in support of aforesaid contentions argues the following:-

I. The currency of a punishment of withholding of one increment without cumulative effect was over on 01.01.2000 and therefore, there will be no impediment for payment of ACPS thereafter inasmuch as it is his case that the first ACPS was due on 09.08.1999 and the petitioner will be entitled for the ACPS, even if it is assumed that due to currency of punishment, such ACPS was not granted on 09.08.1999. Thus, according to the learned counsel the petitioner was granted the benefit of ACPS with effect from 02.01.2001 instead of 02.01.2000.

II. The second contention of the petitioner is that the second ACPS became due on completion of 24 years of regular service w.e.f. 01.01.1983 i.e. w.e.f. 01.01.2007 and accordingly, he was rightly granted such benefit on 01.01.2007. However, same is sought to be re-calculated after the petitioner preferred a representation.

III. Such actions of the respondent/employer, in granting the first ACPS to the petitioner with effect from 02.01.2001 and the third financial up-gradation with effect from 25.05.2014 are illegal on the face of the scheme and therefore, a direction should be issued to the respondents to recalculate the benefit in the aforesaid terms and give the consequential benefit thereof.

4. Mr. Pegu, learned CGC appearing on behalf of the respondent Union of India argues the following:-

I. So far relating to first ACPS, in terms of the Scheme dated 09.08.1989, the petitioner case was considered and rightly granted financial up-gradation with effect from 02.01.2001 instead of 02.01.2000 for the reason that the punishment of stoppage of increment for one year was inflicted with effect from 27.04.1999 and therefore, such punishment shall continue till 27.04.2000 and therefore, action of the respondents cannot be faulted with.

II. As regards grant of second financial up-gradation in terms of the ACPS, 1999, Mr. Pegu, learned CGC contends that as the petitioner was entitled for first ACPS on 02.01.2001 and therefore, he will be entitled for second financial up-gradation only with effect from 24.05.2008. That being so, according to the learned counsel, the petitioner will be entitled for the third ACPS only with effect from 25.05.2014 and not from 01.01.2013 and accordingly, the employer is seeking to correct the date of effect of the second ACPS with effect from 24.05.2008.

III. Mr. Pegu, learned CGC further contends that unless the period of punishment gets expired, the claim for consideration of ACP/MACP cannot be made and therefore, the determination made by the respondents are correct. In support of such contention, Mr. Pegu, learned counsel relies on the decision of the Hon’ble Apex Court in the case of State of T.N. –Vs Thiru K.S. Murugesan and Others Reported in 1995 3 SCC 273.

IV. Therefore, Mr. Pegu, learned CGC submits that there is no illegality in the exercise and therefore, the writ petition is liable to be dismissed.

5. This Court has given anxious consideration to the arguments advanced by the learned counsel for the parties. Also perused the materials available on record.

6. For determination of the present lis, certain undisputed facts are recorded herein below:-

I. The petitioner joined the service under CISF on 01.01.1983. The Assured Career Progression Scheme, 1999, was given effect to