Jai Singh & ORS v. Union Of India & ORS

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9362/2015 and CM No. 21727/2015 JAI SINGH & ORS ..... Petitioners Through: Mr Amarjeet Singh, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through: Mr Vikas Mahajan, CGSC and Mr Rohan Gupta, Adv.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 06.10.2015 A direction to grant second financial upgradation in terms of the Assured Career Progression ("ACP") Scheme of 09.08.1999 promulgated by the Central Government is sought. It is not in dispute that all the petitioners retired from the CRPF. The petitioners contend that till 2012 there was no clarity as to whether those who were not or could not be deployed or detailed for involuntary reasons to undergo pre-promotional courses were entitled to be considered for ACP benefits. That clarification was issued on 06.03.2012. In the light of this, several orders of this Court are relied upon where the respondents were directed to grant ACP benefits. The respondents do not deny this development. However, they contend that the petitioners never represented to them seeking the benefits for which the directions are claimed in the present petitions. Considering that this Court has consistently directed that those who could not be deployed for reasons beyond their control, for pre-promotional courses, were also entitled to ACP benefits. The respondents are directed to

verify the averments in these proceedings and pass appropriate orders relating to the ACP benefits wherever applicable to the petitioners within twelve weeks from today.

The writ petition is disposed of in the above terms along with pending application.

S. RAVINDRA BHAT, J DEEPA SHARMA, J OCTOBER 06, 2015 bg