As per case facts, the Petitioner, Satpal Singh, challenged the denial of his Second ACP Financial Upgradation, initially rejected for not possessing the essential matriculation/BSF First Class qualification and later ...
IN THE
216
SATPAL SINGH
UNION OF INDIA
CORAM : HON'BLE
Present: - Mr.
Ms.
for
Ms.
Mr.
for
VINOD S. BHARDWAJ,
The
dated 28.06.2018
dated 15.02.2017
essential qualification
2. Learned
that the petitioner
15.02.1983 and
THE HIGH COURT OF PUNJAB
AT CHANDIGARH
CWP
Date
SINGH
VERSUS
INDIA AND OTHERS
HON'BLE MR. JUSTICE VINOD S.
*****
Mr. Rajesh Sehgal, Advocate and
Ms. Disha Sehgal, Advocate
the petitioner.
Ms. Garima Kuthiala Prashar, Advocate
Mr. Chander Mohan Sharma, Advocate
respondents No.1 to 5-Union of
*****
BHARDWAJ, J. (Oral)
The present writ petition has been
28.06.2018 whereby the claim of Second
15.02.2017 was denied to the petitioner
qualification for the Modified Assured
Learned counsel appearing on behalf
petitioner was enrolled in the Border
and he successfully underwent training
PUNJAB AND HARYANA
CHANDIGARH
CWP-23413-2018
Date of decision: 08.07.2025
......Petitioner
.......Respondents
S. BHARDWAJ
Advocate for
Advocate
of India.
been filed impugning the order
Second ACP Financial Upgradation
since he did not possess the
Career Progression Scheme.
behalf of the petitioner contends
Border Security Force (BSF) on
training at STC BSF Kharga
CWP-23413-2018
Camp, whereupon
BSF unit. The petitioner
during his tenure
the respondent
upgradation to
service. The petitioner
Company Commander
scheme. However,
vide order dated
prescribed educational
was in force.
thereafter served
of the benefit
recorded earlier
setting aside, while
Financial Upgradation
9000.
3. The
declined the petitioner’s
upgradation under
completion of
promotional conditions.
years of service,
matriculation was
2018
whereupon he was assigned the trade of
petitioner is claimed to have rendered
tenure with the respondent-authorities.
respondent-authorities had notified the
employees upon completion
petitioner submitted an application
Commander seeking grant of the financial
However, the said representation was
dated 10.09.2015 on account of the
educational qualification on 15.10.2011
The petitioner retired from service
served a notice of demand dated 19.02.2018
of financial upgradation on the
earlier were factually incorrect and,
while reiterating his entitlement to
Upgradation under the ACP Scheme in
The respondents, vide their communication
petitioner’s claim on the ground
under the ACP Scheme is available
12 to 24 years of service and
conditions. For seeking the Second
service, possession of educational
was essential, which the petitioner
-2-
of General Duty with 22 BN
rendered unblemished service
authorities. It is further contended that
the grant of ACP/Financial
of the specified period of
application in August 2015 to the
financial upgradation as per the
rejected by the respondents
petitioner not possessing the
15.10.2011 when the ACP Scheme
service on 16.04.2016 and
19.02.2018 praying for the grant
the ground that the reasons
accordingly, prayed for its
to the benefit of the Second
in the scale of Rs. 5500-175-
communication dated 28.06.2018,
that the benefit of financial
available to a BSF personnel upon
and only on fulfillment of
Second ACP on completion of 24
qualification equivalent to
petitioner did not possess.
CWP-23413-2018
4. It was
which is equivalent
ACP Scheme became
mandatory courses
STD-1st and PPC
5. Learned
upon the Office
09.08.1999 issued
Public Grievances
Progression Scheme
been relied upon
not prescribe that
is mandatory for
Clause VI of the
fulfill the normal
ACP Scheme. The
therefore, is not
rejection of his
reads thus:-
2018
was noted that the petitioner passed
equivalent to matriculation, on 15.10.2011
became inapplicable. The petitioner
courses required for promotion to
PPC List D.
Learned counsel appearing on behalf
Office Memorandum No. 35034/1/97
issued by the Government of India,
ces and Pensions and contends
Scheme for Central Government Civilian
upon in the impugned communication
that clearance of BSF First Class or
for grant of financial upgradation.
the said Office Memorandum, a
normal promotional norms for entitlement
The qualification stipulated in the
not supported by the said Office
claim is liable to be set aside.
“6. Fulfillment of normal
mark, departmental examination,
the case of Group 'D' employees,
financial up-gradation, performance
entrusted to the employees together
designations, financial up-gradation
-3-
passed his BSF First Class,
15.10.2011 i.e. on a date after the
petitioner had also not cleared the
a higher rank, namely MR
behalf of the petitioner relies
35034/1/97-Establishment (D) dated
India, Ministry of Personnel,
that the above Short Career
Civilian Employees, which has
communication dated 28.06.2018, does
or matriculation qualification
upgradation. He submits that, in terms of
a person is only required to
entitlement to benefits under the
the impugned communication,
Office Memorandum and hence
The relevant extract thereof
normal promotion norms (bench-
examination, seniority-cum-fitness in
employees, etc.) for grant of
performance of such duties as are
together with retention of old
gradation as personal to the
CWP-23413-2018
6. Learned
normal promotional
guidelines wherein
or should have
precedent for grant
7. It is
Scheme is to
progression. Such
clearance of departmental
same are extraneous
placed upon the
1865 of 2015 titled
wherein it was
examinations or
benefits is contrary
of the benefits.
2018
incumbent for the stated purposes
ACP Scheme for financial
(House Building Advance,
accommodation, advances, etc)
any privileges related to higher
ceremonial functions, deputation
shall be ensured for grant
Scheme;”
Learned counsel thus submits that
promotional norms as prescribed under
wherein there is no mandate that a person
have cleared the BSF 1st Class examination
grant of financial upgradation.
is further submitted that the primary
mitigate stagnation in the cadre
uch benefits cannot be denied by
departmental examinations or pre-promotional
extraneous to the scheme’s purpose.
the judgment of a Division Bench
titled as State of Haryana & Ors.
held that any stipulation making
or promotional papers a condition
contrary to the object underlying the
-4-
purposes and restriction of the
and certain other benefits
allotment of Government
etc) only without conferring
higher status (e.g. invitation to
deputation to higher posts, etc)
of benefits under the ACP
that the petitioner fulfilled the
under the applicable rules and
person must be a matriculate
examination as a condition
primary object of the ACP
cadre and facilitate career
imposing conditions, such as
promotional courses since the
purpose. In this regard, reliance is
Bench of this Court in LPA No.
Ors. v. Parmanand & Ors.,
making clearance of departmental
condition precedent for grant of ACP
the scheme and directed release
CWP-23413-2018
8. Counsel
apprise the petitioner
Examination as
respondents to
deprived of the
is undisputed that
which is equivalent
essential conditions
9. Reliance
the Delhi High Court
Union of India),
successful completion
benefits, where
conduct of such
respondents issued
officials for grant
to Sub Inspector).
10. It is
applicable to
matriculation/BSF
promotional courses
of any communicat
of the examination
2018
Counsel further argues that the respondents
petitioner of the schedule and details
as well as the pre-promotional
provide such information resulted
opportunity to appear for the said
that the petitioner cleared the BSF
equivalent to matriculation, in the year
conditions for grant of the benefit.
Reliance is also placed on the decision
Court in CWP-5278 of 2013 (Inspector
India), where the Court directed relaxation
completion of pre-promotional courses
the respondents failed to inform
such courses. In compliance with
issued instructions dated 22.09.2014
grant of the 1st ACP (Head Constable)
Inspector).
is submitted that the ratio of the
the present case and the
matriculation/BSF 1st Class qualifications along
courses cannot operate to the petitioner’s
communication or detailing by the respondents
examination or courses. Such omission
-5-
respondents were duty-bound to
details regarding the BSF 1st Class
courses. The failure of the
resulted in the petitioner being
said examination or courses. It
BSF 1st Class examination,
year 2011, hence, he fulfilled the
decision of the Division Bench of
(Inspector Ram Avtar Sharma v.
relaxation in the requirement of
courses for the grant of ACP
inform the petitioner about the
with the said judgment, the
22.09.2014 granting relaxation to
Constable) and 2nd ACP (Constable
the said decision is squarely
requirement of possessing
along with completion of pre-
petitioner’s detriment in absence
respondents regarding the conduct
omission disentitles the respondents
CWP-23413-2018
from alleging non
the benefit of financial
11. Learned
Division Bench
ILR (HP) 447 titled
8272 of 2014 on
ensure that an employee
lies with the
refused to undertake
the mandatory r
must be attributed
release of financial
of undergoing
implication. This
case, any failure
petitioner to undergo
against him, and
accordingly. The
2018
non-compliance of these promotional
financial upgradation under the ACP
Learned counsel further relies upon
Bench of the High Court of Himachal
titled “Govind Ram v. Union of
on 21.11.2014. It was held therein
employee undergoes the mandator
respondents. In circumstances
undertake such courses or deployment,
requirements, that were to be held
uted to the respondent-employer.
financial upgradation benefits, deeming
the pre-promotional courses
This principle was invoked herein to
failure on the part of the respondents
undergo the mandatory pre-promotional
and the benefit of financial upgradation
The relevant para thereof reads thus:
“3. Petitioner
Constable in the year 2001. He
2009. The Ministry of Finance,
order dated 23.8.2012 agreed
Ministry of Home Affairs,
implementation of the Delhi
grant of benefit of Assured Career
-6-
promotional conditions to deny him
ACP Scheme.
upon the judgment of the
Himachal Pradesh reported as 2014
of India”, decided in CWP-
therein that the responsibility to
mandatory pre-promotional courses
where an employee never
deployment, any lapse in conducting
held by the respondent alone,
employer. The Court directed the
deeming the mandatory condition
as waived, by necessary
to submit that, in the present
respondents to inform or facilitate the
promotional courses cannot be held
upgradation ought to be granted
thus:-
was promoted as Head
He superannuated in the year
Finance, Government of India vide
agreed to the proposal of the
Government of India for
Delhi High Court orders for the
Career Progression Scheme.
CWP-23413-20182018
Similarly, Ministry of Home
dated 27.8.2012 stating that
agreed to implement the orders
for the grant of benefit of Assured
Scheme. In furtherance of office
and 27.8.2012, respondent No.
(SSB) sent a copy of office
27.8.2012 to all the
Commandants of all the Battalions
necessary compliance. Respondent
requested all the concerns including
all the Battalions to confirm
gradation under Assured Career
the post of Sub Inspector
Constables/Head Constables
in accordance with the
Progression Scheme of the
was made by the petitioner.
by the respondents on 16.9.2014
as per instructions, petitioner
2nd financial up-gradation
without fulfilling the normal
mandatory pre-promotional
original ACP Scheme and MHA
Memorandum dated 16.9.2014
Petitioner was entitled to
immediately after the completion
15, as quoted herein above. It
ensure to make the petitioner
promotional course. It is not
that the petitioner was sent
-7-
Home Affairs Issued office order
the Ministry of Finance has
orders of the Delhi High Court
Assured Career Progression
office orders dated 23.8.2012
No. 3, l.e. Director General
office orders 23.8.2012 and
concerned including the
Battalions for information and
Respondent No. 3 on 3.5.2013
including the Commandants of
confirm grant of financial up-
Career Progression Scheme to
Inspector to all the eligible
Constables including retired personnel
original Assured Career
year 1999. Representation
Representation was rejected
16.9.2014 only on the ground that
etitioner was not entitled to grant of
gradation benefits w.e.f. 9.8.1999
promotion norms/qualifying
course in accordance with
MHA letter dated 19.6.2001.
16.9.2014 is contrary to the scheme.
to benefit of ACP scheme
completion of 24 years as per para
It was for the respondents to
petitioner to undergo mandatory pre-
not the case of the respondents
to undergo mandatory pre-
CWP-23413-2018
12. Per
respondents submits
promotional avenue
Education nor did
essential qualifications
of the 2nd Financial
denial of such
authorities. Learned
contained in para
argue that the department
from willing personnel
submitted that the
said training or
petitioner cannot
inaction and then
2018
promotional course and he
same. According to the scheme,
gradation under the ACP Scheme
the employee and has no
position. It merely contemplates
basis in the higher pay scale
actual/functional promotion
Petitioner has earned only one
career when he was promoted
year 2001. The condition, if
scheme would be deemed to have
contra, learned counsel appearing
submits that the petitioner was
avenue since he had neither qualified
did he possess a matriculation certificate,
qualifications for being promoted and to
Financial Upgradation in the pay scale
such benefit was thus rightly effected
Learned counsel further relies
para 7(i) of the written statement
department had, on multiple occasions,
personnel for undergoing BSF
the petitioner never expressed his
to appear in the requisite examination.
cannot now be permitted to take advantage
then claim parity with those
-8-
has refused to undergo the
scheme, the financial up-
Scheme was purely personal to
relevance to his seniority
contemplates placement on personal
scale and was to be treated
of the employees concerned.
one promotion throughout his
promoted as Head Constable in the
if any, Imposed in the ACP
have been waived.”
appearing on behalf of the
was not eligible for the next
qualified the BSF 1st Class
certificate, both of which were
to be considered for the grant
scale of Rs. 5500-175-9000. The
effected by the respondent-
on the specific averments
statement filed by the respondents to
occasions, sought nominations
1st Class Education. It is
his willingness to undergo the
examination. It is urged that the
advantage of his own omission or
those who complied with the
CWP-23413-2018
requirements. Attention
by the Frontier
conditions for promotion
that of Sub-Inspector
conditions were
including the petitioner,
petitioner cannot
the aforesaid letter
13. Learned
although the condition
PPC List ‘D’
2018
Attention is also drawn to the letter
Frontier Headquarters, BSF, which
promotion from the post of Head
Inspector (General Duty). Learned
were well within the knowledge
petitioner, and having failed to
cannot now claim exemption or relaxation.
letter is as under:-
“Further, as per
17/08/2/2002/Pers/BSF/5413
10.01.2003, fulfillment
was mandatory for promotion
rank of SI (GD):-
a) Essential qualificati
matriculation/10th
b) Should be qualified
i) Basic training as
ii) Map Reading Standard
iii) Pre-promotion course
post (i.e. platoon
will undergo the
seniority fixed by
iv) Medical Category
Learned counsel for the respondents
condition of qualifying the pre-promotional
and Map Reading–Standard
-9-
letter dated 10.01.2023 issued
prescribes the mandatory
Constable (General Duty) to
Learned counsel submits that these
knowledge of all eligible personnel,
comply with the same, the
relaxation. The relevant extract of
per FHQ BSF (Pers Dte) L/No.
17/08/2/2002/Pers/BSF/5413-5713 dated
fulfillment of the following conditions
promotion from HC (GD) to the
qualification is minimum
matriculation/10th class pass or equivalent.
qualified in the following:-
as prescribed at entry level.
Standard
course as prescribed for the
platoon Comdr Course). Candidate
the same as per cutoff date of
by FHQ BSF.
Category-SHAPE-I.
respondents further submits that
promotional courses, namely
1st, was waived by the
CWP-23413-2018
respondents vide
grant of 2nd Financial
qualifying conditions
of being in medical
educational qualification
Class. She submits
qualifications rested
on record to show
qualification during
petitioner later cleared
the ACP Scheme
financial upgradation
petitioner cannot
scale under the
criteria.
14. Learned
the petitioner was
and all subsequent
Career Progression
the petitioner, ha
MACP Scheme,
the financial upgradation
substance, is that
2018
vide letter dated 22.09.2014 as an
Financial Upgradation under the
conditions still remained intact. These
medical category SHAPE-1 and
qualification of matriculation or
submits that the obligation to acquire
rested solely upon the petitioner
show that the petitioner ever made
during the currency of the ACP Scheme.
cleared the BSF 1st Class in the
Scheme was no longer in force, cannot
upgradation with retrospective effect.
cannot be permitted to claim the benefit
ACP Scheme while failing to
Learned counsel further submitted
was legitimately entitled, have already
subsequent financial advancements under
Progression (MACP) Scheme have been
having accepted and availed the
Scheme, would be precluded and disentitled
upgradation under the earlier ACP
that the petitioner cannot be permitte
-10-
an essential prerequisite for
the ACP Scheme, yet, other
These included the requirement
and possessing the minimum
its equivalent, i.e. BSF 1st
acquire the essential minimum
and that there is no material
any effort to acquire the said
Scheme. Merely because the
the year 2011, at a time when
cannot vest in him a right to seek
effect. She submits that the
benefit of a higher standard pay
meet the essential eligibility
submitted that the benefits, to which
already been extended to him
under the Modified Assured
released. It is contended that
the financial benefits under the
disentitled from staking a claim to
ACP Scheme. The argument, in
permitted to approbate and
CWP-23413-2018
reprobate and
progression schemes.
15. No
16. I have
respective parties
the present writ
17. Undisputedly,
pre-promotional
instructions dated
held ineligible and
non-possession
which is stated to
that the requirement
a communication
not from any codified
that personnel were
examination and
allegedly failed
contemporaneous
The respondents
communication
conduct of the
willing personnel.
2018
simultaneously derive benefit
schemes.
other argument has been raised
have heard learned Counsel appearing
parties and have gone through the documents
petition.
Undisputedly, the mandatory requirement
promotional course was dispensed with
dated 22.09.2014. The ground on which
and denied the benefit of 2nd ACP/financial
of the qualification of matriculation
to be a condition for promotion.
requirement of possessing matriculation
communication dated 10.01.2003 issued by the
codified service rules. It is the specific
were apprised regarding the conduct
and invited to volunteer themselves
to do so. This assertion, however
contemporaneous record and remains unsubstantiated
respondents have not produced or even
or record emanating from the
said examination or inviting
personnel. No document evidencing the
-11-
under two distinct service
before this Court.
appearing on behalf of the
documents appended alongwith
requirement of undergoing the
with by the respondents vide
which the petitioner has been
ACP/financial upgradation is
matriculation and/or BSF 1st Class,
promotion. It is evident from the record
matriculation or its equivalent stems from
the Frontier Headquarters and
specific plea of the respondents
conduct of the BSF 1st Class
themselves therefore, but the petitioner
however stands unsupported by any
unsubstantiated, vague and evasive.
even referenced any particular
headquarters intimating the
nominations from amongst
the alleged call for nominations
CWP-23413-2018
has been appended
noticed that the
2017 and despite
explanation has
documents, which
fully established
the possession of
drawn against such
record and proof
personnel calling
warrants invocation
is thus constrained
detailing ever took
conduct of the BSF
proposition of law
Sharma v. Union
undisputedly been
instructions dated
as well, particularly
qualification is concerned.
18. Insofar
to the effect that
Financial Upgradation
of 1999, having
2018
appended with the reply filed to the writ
present writ petition was instituted
espite lapse of considerable time of eight
has been furnished by the respondents
which were in their exclusive possession
established their defence. It is trite law that
of a party is withheld, an adverse
such party. The deliberate non-disclosure
proof of communication claimed
calling upon them to appear for the
invocation of such adverse inference in
constrained to record a finding that
took place from the end of the respondents
BSF 1st Class examination or the
law laid down by the Hon’ble Delhi
Union of India (CWP No. 5278
been implemented by the respondents
dated 22.09.2014, would squarely apply
particularly insofar as the requirement
concerned.
Insofar as the submission advanced
that the petitioner is not entitled
Upgradation under the Assured Career
having already been conferred the benefits
-12-
writ petition.It is further to be
instituted as far back as in the year
eight years, no justification or
respondents for withholding
possession and which would have
that where the best evidence in
adverse inference is liable to be
disclosure of correspondence,
claimed to have been issued to
BSF 1st Class examination
in the present case. This Court
no such communication or
respondents with regard to the
the pre-promotion course. The
Delhi High Court in Ram Avtar
5278 of 2013), which has
respondents through their own
apply to the petitioner's case
requirement of pre-promotional
advanced on behalf of the respondents
entitled to the benefit of the 2nd
Career Progression (ACP) Scheme
benefits under the Modified
CWP-23413-2018
Assured Career
not inclined to accept
such a plea neither
it been cited as
28.06.2018. It is
or fall on the
permitted to supplement
is not open to the
extraneous to the
the decision under
administrative action
support thereof and
bar.
19. A Division
of Haryana versus
decided on 05.03.2025,
qualification prescribed
contrary to the
for stagnation by
defeated by imposing
2018
Progression (MACP) Scheme,
accept the said argument at this
neither forms part of the pleaded case
a ground or reason in the impugned
is equally well-settled that an administrative
reasons assigned therein. A
supplement the reasons of an order
the Counsel for the respondents to
the decision-making process or which
under challenge. The legitimacy
action must be tested on the reasons
and cannot rest upon improvised
Division Bench of this Court has
versus Parmanand and others” bearing
05.03.2025, that insistence on acquisition
prescribed for promotion as pre
object. The career progression Schemes
by way of a financial upgradation
imposing such conditions. Relevant
“6. Explicitly, the object
1998 as well as the Rules of
Government servant stagnates
upgradation for more than 10
-13-
is concerned—this Court is
this stage. It is to be noted that
case of the respondents nor has
impugned communication dated
administrative order must stand
public authority cannot be
order during oral submissions. It
to rely upon grounds that are
which do not find mention in
legitimacy and sustainability of
reasons expressly recorded in
ed arguments by counsel at the
has held in the matter of “State
bearing LPA No. 1865/2015
acquisition of eligibility and
pre-requisite to claim ACP is
Schemes aim to compensate
upgradation and its objective gets
extract thereof reads thus:-
object of framing the Rules of
of 2008 was to ensure that no
stagnates without any financial
10 years unless he has already
CWP-23413-20182018
availed 03 financial upgradations
undisputed between the parties
applicable to the respondents.
not disputed the factum of
service tenure by the respondents
ACP Scales, as the case may
set-forth by the appellants to
to the respondents, is that they
departmental test/exam for
However, they (appellants) have
some similarly placed ‘Patwaris’
Scales by exempting them
departmental test.
7. In Amresh Kumar
Hon’ble the Supreme Court
observations made by the Three
Apex Court in Union of India
held that “the qualification of
for the promotion to the pos
than for grant of in-situ promotion
post or for extending the benefit
and simply in the nature of
without actually effectuating
post and the appellants were
ACP”.
8. It is worth-while to
answering the reference in
The State of Bihar and others,
Full Bench of Patna High Court
afore-quoted verdict of the Apex
as under:-
-14-
upgradations in his career. It goes
parties that these Rules are
respondents. The appellants have also
the completion of requisite
respondents for grant of 2nd/3rd
may be. The sole objection, as
to deny the above-said benefit
they had not cleared/passed the
for the post of ‘Kanungo’.
have not denied the fact that
‘Patwaris’ were granted ACP
from clearing/passing the
Kumar Sinha & Ors (supra),
Court has relied upon the
Three Judges’ Bench of the
India & Anr (supra) and has
of graduation was prescribed
post of Accounts Officer rather
promotion on the non-functional
benefit of ACP which was purely
of grant of monetary benefit
any promotion to any higher
to be extended the benefit of
mention here that while
Kamlanand Thakur versus
others, 2025(1) SLR 695, the
Court has also relied upon the
Apex Court and has observed
CWP-23413-20182018
“48. Thus, the questions
:-
(A.) Rule 157(3)[J]
Miscellaneous Rules,
Departmental Accounts
promotion, is not applicable
A.C.P. benefits under the
(B.) Rule 157(3)[J]
Miscellaneous Rules, 1958
preliminary examination/final
Accounts only for the
crossing the efficiency
Selection Grade only
promotion;
(C.) Rule 4(5) of the
though provides that the
and mode of sanction
under the scheme (A.C.P.scheme)
which are prescribed
Recruitment/Service Rules
against vacancies and
prescribe passing of Department
any qualification for promotion,
an essential condition for
the scheme will not affect
A.C.P. after completion
of service for the reason
progression under the A.C.P.
promotion and nothing
notwithstanding any such
any Departmental Examination
-15-
questions stand answered as follows
157(3)[J] of the Bihar Board’s
1958, requiring passing of
Accounts Examination for
applicable in case of grant of
the A.C.P. Rules, 2003;
157(3)[J] of the Bihar Board’s
1958 is confined to passing of
examination/final examination in
the purpose of confirmation,
efficiency bar and promotion to
only and not for regular
the A.C.P. Rules, 2003 even
the prescribed requirements
sanction of financial progression
(A.C.P.scheme) shall be the same
prescribed under the
Rules for regular promotion
and if the Rules/Resolutions
Department Examination or
promotion, that shall also be
for sanction of benefit under
affect the claim for grant of
completion of twelve/twenty four years
reason that such financial
A.C.P. scheme is only in situ
nothing more. This is even
such requirement of passing
Examination or acquiring any
CWP-23413-2018
Supreme
the
(supra),
of these
who
the
of ACP
cannot
their
the
20. Accordingly,
impugned order
to extend the benefit
provisions of the
the receipt of a certified
be entitled to receive
the date of filing
JULY 08, 2025
Vishal Sharma
2018
educational qualification
Service/Recruitment/Promotion
The above-quoted observations,
Supreme Court in Amresh Kumar
Full Bench of the Patna High Court
(supra), are fully applicable to the
these observations and also the
who were similarly placed, have been
afore-referred exam/test and have
ACP Scales, it is held that the
cannot be deprived of the benefit of
their not having cleared/passed the
post of ‘Kanungo’.
Accordingly, the present writ petition
order dated 28.06.2018 is set aside. The
benefit of the 2nd ACP to the petitioner,
the ACP Scheme of 1999, within
certified copy of this order, failing
receive the benefits alongwith interest
filing of the present writ petition till its
(VINOD
Whether speaking/reasoned
Whether Reportable
-16-
qualification for promotion under the
Service/Recruitment/Promotion Rules.”
observations, as made by Hon’ble
Sinha & Ors (supra) and by
Court in Kamlanand Thakur
the instant appeals and in view
the fact that some ‘Patwaris’,
been exempted from passing
have been granted the benefit
respondents-writ petitioners
of ACP Scales on account of
the departmental test/exam for
petition is allowed and the
The respondents are directed
petitioner, in accordance with the
within a period of three months of
ailing which, the petitioner shall
interest @ 6% per annum from
its actual disbursement.
(VINOD S. BHARDWAJ)
JUDGE
: Yes/No
: Yes/No
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