Hirendra Nath Malakar Force No. 833090256 vs Union Of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Gau) 478

ARUN DEV CHOUDHURY
Hirendra Nath Malakar Force No. 833090256 – Appellant
Versus
Union Of India – Respondent

Advocates:
Advocate Appeared:
For the Appellant :MR.R MAZUMDAR Advocate
For the Respondent: MR. H. GUPTA, Mr. G. Pegu, CGC.

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 wi

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