Hon'ble BHANDARI, J.—Since controversy involved in these writ petitions is same, thus heard and decided by this common order.

2. By these writ petitions, a challenge has been made to the order dated 23.9.201 whereby after withdrawing benefit of 3rd ACP, a direction has been issued for re-fixation.

3. It is stated that after appointment of the petitioners on the post of Class-IV employee, promotion was given on the post of L.D.C. followed by further promotion to the post of U.D.C. The benefit of one selection scales was given thereafter. The petitioners were further given benefit of 3rd ACP vide order dated 13.1.2009 at Annexure-1. They were served with a show cause notice as to why benefit of 3rd ACP may not be withdrawn with consequence of recovery for which separate proceedings would be initiated. A reply to the said show cause notice was given indicating that as per the circular dated 17.2.1998 and the subsequent circular dated 31.12.2009, petitioners are entitled to 3rd ACP, as benefit aforesaid has to be given by treating them to be appointee on the post of L.D.C. The respondents, however, failed to consider the circulars and passed the impugned order.

4. I have considered the submissions made and perused the record carefully.

5. A bare perusal of the show cause notice indicates that the petitioners were initially appointed as Class-IV employee. They were then given promotion to the post of L.D.C. followed by further promotion to the post of U.D.C. After two promotions, petitioners were extended benefit of selection scale. In the aforesaid manner, petitioners could get 3rd financial upgradation during their service tenure. The benefit of one more ACP was given vide order at Annexure-1, which seems to be apparently in violation of the Rajasthan Civil Services (Revised Pay) Rules, 2008 (for short 'the Rules of 2008') more specifically Rule 19(4). For ready reference aforesaid Rule - 19 of the Rules of 2008 is quoted hereunder:-

"19. Scheme of Assured Career Progression - In lieu of selection grades, the scheme of Assured Career Progression (ACP) with three financial upgradations shall be allowed as under:-

(1) The scheme will be available to all posts in class IV, ministerial, subordinate services and those holding isolated posts and drawing pay in the Rajasthan Civil services (Revised Pay) Rules, 2008 upto grade pay of Rs.4200 excluding State services.

(2) Benefit of any fixation available at the time of normal promotion shall be allowed at the time of financial upgradations under the scheme. Thus, an increase of 3% of sum of pay in the running pay band and grade pay shall be available as financial upgradation under the scheme.

(3) The grade pay shall change at the time of financial upgradation under this scheme. The grade pay given at the time of financial upgradation under ACPs will be the immediate next higher grade pay in the hierarchy of Running Pay Bands and grade pay being prescribed. Thus, grade pay at the time of financial upgradation under ACPs can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/ organization will be given only at the time of regular promotion.

(4) Financial upgradation under the scheme will be available whenever a person has spent (9 years) continuous regular service in the same grade pay. However, not more than three financial upgradations shall be given in the entire career.

(5) Existing Government servants who have already availed benefit of three selection grades will not be eligible for the grant of ACP. Those Government servants who have availed benefit of one selection grade/one promotion will be eligible for second and third ACP on completion of 18 and 27 years of regular service, respectively. Similarly those Government servants who have availed benefit of two selection grades/two promo

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