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2024 Supreme(Online)(Pat) 2687

PATNA HIGH COURT
SHRI BISHWA NATH YADAV – Appellant
Versus
THE UNION OF INDIA and ORS – Respondent


ORAL JUDGMENT

Date : 01-04-2024 Heard Mr. Rakesh Kumar Ranjan, learned counsel for the petitioner and Mr. Vandana Kishore, learned counsel appearing on behalf of the Union of India.

2. The present writ petition has been filed for quashing the order dated 04.01.2011 by which the claim of the benefits under modified Assured Career Progression Scheme has been denied and consequent thereof to grant/fix the second financial up-gradation from 01.05.2004 with all admissible dues including the monetary benefit which has been recovered from the petitioner’s salary on account of postponed second financial up-gradation.

3. Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of G.D. in C.I.S.F. on 01.05.1980 and got retired from the post of A.S.I. on 30.04.2011 without any adverse remarks. After completion of 24 years of service on 01.05.2004, the petitioner was entitled to avail the benefit of second financial up-gradation (ACP) under the Assured Career Progression Scheme for the Central Government Civilian Employees, 2009. Due to his illness, the petitioner was not in a position to participate in the said training course and one of the contention

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