Jayanta Kumar Biswas, J. - (1.) The writ petitioner, a constable in Central Industrial Security Force, is aggrieved by the decision of Commandant CISF, Unit ONGC, Jorhat (Assam) dated May 19, 2004 ordering stoppage of benefits under the ACP scheme and recovery of benefits paid to him in terms of order dated February 26, 2002.
(2.) After the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) of the Government of India issued office memorandum dated August 9, 1999 notifying the Assured Career Progression Scheme for the Central Government civilian employees, the Director General, Central Industrial Security Force (Ministry of Home Affairs) issued the necessary CISF circular Estt. I/16/2000 dated February 18, 2000 regarding benefits of the scheme for the CISF employees. The circular, however, is not in question in the present writ petition. In para 3 of the circular it was said, "CISF employees of the categories mentioned above have passed the promotion cadre course wherever prescribed as per Recruitment Rules of the posts for which financial upgradation has to be given shall only be considered for the grant of financial upgradation under the ACP scheme."
(3.) Although on February 26, 2002, having not passed the promotion cadre course for the post of head constable, the petitioner was not eligible, by order dated February 26, 2002, with others, benefits of the scheme were given to him on the ground that in the grade of constable he had completed the requisite period of twelve years service. Subsequently he was called upon by the competent authority to clear the promotion cadre course, but he expressed unwillingness to do that on two occasions. However, on January 3, 2004 he passed the course of the promotion cadre. On the ground that he had failed to pass the promotion cadre course the authority issued the order dated May 19, 2004 directing stoppage of benefits of the scheme and recovery of the amounts already paid. Subsequently the authorities took into consideration the fact of his passing the course on January 3, 2004 and decided to grant him benefits of the scheme once again with effect from January 30, 2005.;