JUDGMENT

Dated this the 18th day of January, 2022 The petitioner got enrolled in Assam Riffles on 8/5/1983 got remustered as Havildhar / Cipher on 14/7/1987 and availed voluntary discharge on 1/7/2004. While the petitioner was continuing as Havildhar / Cipher, the Government of India introduced the Assured Career Progression Scheme (ACP), for granting to financial up-gradation, to persons stagnating in a grade at intervals of 12 and 24 years of service. According to the petitioner, as a part of Havildhar / Cipher on remusteration is not a promotion, he was entitled to get the first financial up- gradation under the ACP scheme. The ACP scheme was late replaced with the Modified Assured Career Progression Scheme (MACP Scheme) from 1/9/2008 onwards. Under the MACP Scheme, an incumbent stagnating in a post is entitled to get three financial up-gradations at the intervals of 10,20 and 30 years. The petitioner's grievance is that he is not given he benefit under the ACP and MACP Schemes, on the premise that remusteration as Havildhar / Cipher amounts to promotion.

2.Learned counsel for the petitioner pointed out that the Honourable Supreme Court considered the issue in W.P(C) No.32624 of