JUDGMENT :

Sujit Narayan Prasad, J.

Prayer

1. The instant review petition is under Article 226 of the Constitution of India, seeking review/recall of the order dated 01.05.2023 passed in W.P.(S) No.5280 of 2018.

Facts

4. The brief facts of the case, as per the pleading made in the writ petition which also carried in the instant review petition, needs to be referred which reads as under:-

5. It is the case of the review petitioner/writ petitioner that the Central Fuel Research Institute, a unit of the Council of Scientific and Industrial Research, Dhanbad vide Advertisement No. 1/87 issued advertisement calling upon candidates for various posts including 1 post of Security Officer. It was stated in the said advertisement that the pay scale for the post of Security Officer would be Rs. 700-40-900-EB-40-1100-50-1300.

6. The review petitioner was duly selected for the said post of security officer and on perusal of the memo no.8/3110/88-E.I. dated 10th May, 1988, it appears that under reference of Office O.M No. 2- 23/86-PL(vii) dated 02/07th March, 1988, he was appointed on the post of Security Officer and has joined on 9 th May, 1988 on an initial salary of Rs. 2200-75-2800-E8-100-4000.

7. In the year 1999, a scheme was floated by the government called the Assured Career Progression Scheme (ACP). The said scheme was brought to obviate the financial destitution being faced by an employee on account of stagnation in a particular post. Under the said scheme, an employee stagnating on a particular post would be eligible for first and second financial upgradation on completion of 12 years and 24 years of service respectively from the date of appointment. Vide memo no. 1- 1/99-P.L. dated 21st January, 2009, the Administrative Officer of the CIMFR had issued office memorandum on the recommendation of Departmental Promotion Committee which met on 24th September, 2008 and consequent upon approval thereof by the Competent Authority conveyed vide CSIR letter no. 4-45(4) 2008-E11 dated 5 th January, 2009, the Director, Central Institute of Mining & Fuel Research has been pleased to approve the up-gradation of the petitioner as Sr. Security Officer from the scale pay of 8000-275-13500 (pre-revised) to the scale of Rs.10000-325-15200 (pre-revised) w.e.f. 9th May, 1999 i.e. from the date of completion of 11 years of continuous service in the scale of Rs.8000-275-13500 (pre revised).

8. The ACP scheme was substituted with another scheme called the "Modified Assured Career Progression" Scheme (MACP) w.e.f. 1st September, 2008. Under the said scheme, financial upgradation in case of stagnation at a pay scale/post was to be given at an interval of 10, 20 and 30 years. The CSIR had framed specific policy for isolated category of employees vide CSIR Order no. 6 bearing file no. 33(89) E-II dated 12th November, 1981 which was known as "Recommendation of Sidhu Committee for Career Development of staff belonging to isolated cadre in CSIR”. As per the recommendation of the said committee, it was stated that an employee working on an isolated post will be eligible for promotion after completion of 11 years of service. The petitioner filed a representation before the Director, CIMFR dated 23rd August, 2011 praying for promotion/financial upgradation as per the Sidhu Committee report. In this context, it is stated that it was categorically stated by the petitioner that despite working for the respondents, the petitioner has been stagnating on a post for more than 12 years, and, therefore prayed for upgradation as per the Sidhu committee recommendation.

9. Pursuant to the representation filed by the petitioner before the respondent authorities, the Controller of Administration issued an office memorandum being memo no. 1(2)2006/ DPC/ Isolated/ RU/ 706 dated 3rd October, 2011, wherein it was stated that the request of the petitioner for the financial upgradation could not be entertained because as per the CSIR rules, there was no provision of financial upgradation of