T.NANDAKUMAR SINGH
HAV/CIPH Abdul Bari (S/356033w) – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
T. Nandakumar Singh, J.
1. Heard Mr. N Khan, learned counsel appearing for the petitioner and Mr. SC Shyam, learned CGC appearing for the respondents No. 1-6. The petitioner has been serving as Havildar/Cipher from 20.11.1991. In this writ petition, he prays for a direction to the respondents to grant him the 2nd financial up-gradation by counting his continuous service as Havildar/Cipher from 20.11.1991 under the Modified Assured Career Progression Scheme (for short "MACPS") dated 18.09.2009 and also for a direction to the respondents to grant the first ACP to the petitioner w.e.f. 20.11.2003 and also for quashing the impugned order dated 07.10.2009 for granting the First financial benefits w.e.f. 03.11.2007 and also the impugned letter dated 12.07.2012 that the musteration is a method of appointment in RRs and it would be counted as up-gradation for the purpose of MACPS and the 1st ACP granted to the petitioner w.e.f. 03.11.2007 will be treated as 2nd financial up-gradation and as for granting of 3rd financial up-gradation to the petitioner, it will be considered and granted on completion of 30 years qualifying service and other conditions as required.
2. Factual backgrou
Bachhittar Singh v. State of Punjab reported in 1962 Supp (3) SCR 713 : AIR 1963 SC 395
Islamic Academy of Education v. State of Karnataka reported in (2003) 6 SCC 697
State of Bihar and Others v. Kripalu Shankar and Others reported in (1987) 3 SCC 34
State of W.B. & Anr. Vs. M.R. Mondal & Anr. reported in (2001) 8 SCC 443
Tagin Litin Vs. State of Arunachal Pradesh & Ors. reported in (1996) 5 SCC 83
State of Orissa v. Mohd. Illiyas reported in (2006) 1 SCC 275 : 2006 SCC (L&S) 122
Union of India & Anr. Vs. Kartick Chandra Mondal & Anr. reported in (2010) 2 SCC 422
Union of India v. Amrit Lal Manchanda reported in (2004) 3 SCC 75 : 2004 SCC(Cri) 662
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