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High Court of Punjab and Haryana · body

2025 DAILYLAW 69732 (PNJ)

SATPAL SINGH v. UNION OF INDIA AND OTHERS

CWP/23413/2018 · 2025-07-08

Vinod S Bhardwaj

Transfer Petitionbody2025

Judgment text

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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 VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document 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. VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document 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 VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document 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 VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document 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 VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document 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. VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document CWP-23413-2018 2018 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- VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document 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 VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document 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 VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document 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 VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document 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 VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document 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 VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document 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 VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document CWP-23413-2018 2018 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 VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document CWP-23413-2018 2018 “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 VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document 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 VISHAL SHARMA 2025.07.24 16:52 I attest to the accuracy and integrity of this document