- (1.) The petitioner filed the instant writ petition to extend financial upgradation benefit both first and second period under 'ACP Scheme' and to fix the petitioner's pay thereafter in the appropriate scale of pay. The extract of the said 'ACP Scheme' is quoted below :- "Conditions for grant of benefits under the ACP Scheme 1. The ACP Scheme envisages merely placement in the higher payscale/grant of financial benefits (through financial upgradation) only to the Railway Servant concerned on personal basis and shall, therefore, neither amount of functional/regular promotion nor would required creation of new posts for the purpose. 2. The highest pay-scale upto which the financial upgradation under the Scheme shall be available to those falling in the entitled categories will be Rs.14,300-18,300. Beyond this level, there shall be no financial upgradation and higher posts shall be filled strictly on vacancy based promotions. 3. The financial benefits under the ACP Scheme shall be granted from the date f completion of the eligibility period prescribed under the ACP Scheme or from the date of completion of the eligibility period prescribed under the ACP Scheme or from the date of issue of these instructions whichever is later. 4. The first financial upgradation under the ACP Scheme shall be allowed after 12 years of regular service and the second upgradation after 12 years of regular service from the date of the first financial upgradation subject to fulfillment of prescribed conditions. In other words, if the first upgradation gets postponed on account of employee not found fit or due to departmental proceedings, etc this would have consequential effect on the second upgradation which would also get deferred accordingly. 5.1 Two financial upgradations under ACP Scheme in the entire Railway service career of an employee shall be counted against regular promotions (including in-situ promotion and/or any other promotion including fast-track promotion availed through limited departmental competitive examination) availed from the grade in which an employee was appointed as a direct recruit. This shall mean that two financial upgradations under the ACP Scheme shall be available only if no regular promotions during the prescribed periods (12 and 24 years) have been availed by an employee. If an employee has already got one regular promotions, he shall qualify for the second financial upgradation only on completion of 24 years of regular service under the ACP Scheme. In case two prior promotion on regular basis have already been received by an employee, no benefit under the ACP Scheme shall accrue to him. 5.2 Residency periods (regular service) for grant of benefits under the ACP Scheme shall be counted from the grade in which an employee was appointed as a direct recruit. 6. The following shall be ensured while granting benefits under the ACP Scheme. a. Fulfillment of normal promotion norms prescribed, such as bench-mark, trade test, departmental examination, senioritycum-fitness (in case of Group 'D' employees) etc. for grant of financial upgradations. b. Performance of such duties as are entrusted to the employees together with retention of old designations. c. Financial upgradations as personal to the incumbents for the stated purposes and restriction of the ACP Scheme for financial and certain other benefits such as sanction of advances including House Building Advance, allotment of Government accommodation, issue of privilege and other passes etc only without conferring any privileges related to higher status (e.g. invitation to ceremonial functions, deputation to higher posts, etc.) 7. Financial upgradation under the Scheme shall be given to the next higher grade in accordance with existing hierarchy in a cadre/category of posts without creating new posts for the purpose. However, in case of isolated posts, in the absence of defined hierarchical grades, financial upgradation shall be given in the immediately next higher (standard/common) pay scales as indicated in Annexure-II which is in keeping with Part-A of the First Schedule annexed to the Ministry of Railways' Notification No.PC-V/97/I/RSRP/1 dated 8.10.1997 (RBE no.133/97,PCV/1). For instance, incumbents of isolated posts in the pay-scale S-4, as indicated in Annexure-II will be eligible for the proposed two financial upgradations only to the pay scale S-5 and S-6." On 21st May, 1961, the petitioner was appointed as a Constable in the Railway Protection Force. Thereafter time to time the petitioner was transferred from one division to another. Ultimately in the year 1974 the petitioner was posted in the office of Vigilance , Kolkata on deputation. Pursuant to the recommendation of the pay commission the respondent authorities on 1st October, 1999 introduced a scheme namely "Assured Career Progress Scheme" commonly known as 'ACP Scheme" to remove stagnation in service. Under the said 'ACP Scheme" an employee is entitled to have financial upgradation benefit on completion of 12 years service. If during the said period the incumbent has not been provided with any promotion then under the said scheme in second step such benefit of financial upgrdation will be provided after completion of 24 years, if the incumbent has not been provided with any promotion in the meantime.
(2.) It is submitted by Mr. Asit Kumar Banerjee, learned Advocate appearing for the petitioner that on 31st December, 2000 the petitioner retired from service without having any promotion during his entire tenure of service. Not only that the petitioner even at the time of superannuation the petitioner was not provided with the benefit of 'ACP Scheme' by fixing the petitioner's pay in the appropriate higher scale thus providing the benefit under 'ACP Scheme' after completion of 12 years and thereafter the second benefit of the said Scheme after completion of 24 years.
(3.) Mr. Banerjee also vehemently contended that in the other similar circumstances employees have got the benefits under the said scheme barring the petitioner.;