Narendra Nath Tiwari, J. - (1.) PETITIONER has prayed for a direction on the respondents to grant the monetary benefits of Assured Career Progression Scheme (in short 'A.C.P.') in the light of Resolution No. 5207 dated 14.8.2002. It is stated that the petitioner retired from the post of Constable, on obtaining the age of superannuation, on 1.6.2003. By that time, the petitioner had completed 39 years of regular service.
(2.) ACCORDING to the aforementioned Resolution dated 14.8.2012, the petitioner was entitled to get the benefit of A.C.P. after completion of 12 years and another A.C.P. after completion of 24 years. The petitioner is entitled to get the benefit of the said A.C.P., but on repeated requests and representation, no order has been passed. The respondents have opposed the writ petition by filing counter affidavit. It has been stated that the petitioner is not entitled to get the benefit of A.C.P., as he had not taken training and passed Promotion Course Examination.
(3.) LEARNED counsel for the petitioner submitted that the petitioner was sent for training by issuing command on 8.3.2003. He proceeded for training and gave his joining on 9.3.2003. However, the Training Centre declined to accept his joining on the ground that he was due to retire on 1.6.2003. The petitioner was sent back. Learned counsel submitted that in view of the above, there was no fault on the part of petitioner and the petitioner cannot be deprived of the benefit of A.C.P. for no fault on his part. Learned counsel further submitted that for giving the benefit to the person(s), who could not get training under circumstance beyond their control, the department itself has made provision for giving said benefit by the Circular issued by letter no. 17 dated 29.1.2003. In the case of the petitioner, the provision of Clauses 4 & 5 is attracted, but the respondents have not considered the petitioner's claim in view of the said departmental Circular.;