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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE HARISANKAR V. MENON, J
SANAL KUMARAN M. SON OF THE LATE NARAYANAN NAIR – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
(HARISANKAR V. MENON, J.)
[WP(C) Nos.8633/2020, 5516/2021, 22056/2020, 22031/2020, 28860/2019]
The petitioners in these connected writ petitions were working with the Assam Rifles and have retired from the said service. They have approached this Court through the afore- mentioned writ petitions seeking a declaration that they are entitled to financial upgradation under the Assured Career Progression Scheme (hereinafter referred to as the “ACP Scheme”) with effect from the dates on which they were re mustered as Havildar/Cipher.
2. The short facts as culled out from W.P(C) No.8633 of 2020 are as under:
The petitioner states that he got enrolled in the Assam Rifles on 15.10.1984 and re-mustered as Havildar/Cipher with effect from 06.02.1988. He was voluntarily discharged from the Assam Rifles on 01.07.2005. The Government of India, it is stated, had introduced the ACP Scheme granting financial upgradation at an interval of 12/24 years in a grade. The petitioner contends that he was entitled for the financial upgradation under the afore scheme on completion of 12/24 years with effect from the date of re-musteration, since the re- musteration cannot be considered to be a promotio
Retired employees are entitled to financial upgradation under the ACP Scheme from the date of re-musteration, as it is not considered a promotion.
The court established that there is a provision for representation and complaints against weak points and adverse assessment in the ACR, and the petitioner's representation for upgradation should be ....
Entitlement to financial upgradation under the ACP Scheme is contingent upon compliance with mandatory requisites, including medical fitness and completion of promotional courses.
The court mandates the Respondents to decide a pending representation concerning financial up-gradation and pay fixation within a stipulated timeframe, emphasizing procedural adherence.
The Court clarified the difference between the replacement scale and upgradation in pay scale under the Assured Career Progression Scheme, emphasizing that the revision in pay scale is distinct from ....
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