JAIBIR SINGH Vs. UNION OF INDIA AND ORS.
LAWS(DLH)-2013-5-577
HIGH COURT OF DELHI
Decided on May 21,2013

JAIBIR SINGH Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

Gita Mittal, J. - (1.)THE petitioner seeks in this case restoration of the first financial upgradation as per the Assured Career Progression Scheme (herein after referred to as "ACP") w.e.f. 3rd April, 2001 when he completed 12 years of service with Central Industry Security Force (herein after referred as "CISF") and became entitled for grant of first financial upgradation in the grade of Head Constable under the ACP Scheme and grant of second financial upgradation as per MACP Scheme w.e.f. 3rd April, 2009. The undisputed facts in the instant case necessary for adjudication of the writ petition are noticed hereafter. As per the ACP scheme, in order to be eligible the employee of the CISF is required to have completed 12 years from the date of appointment to a post without any promotional financial benefit being made available to him and he should have also successfully undertaken the promotional cadre course (herein after referred to as "PCC").
(2.)THE petitioner has stated that an employee is granted three chances for successful completion of promotional cadre course as per the applicable ACP Scheme which has been placed before us. This is uncontroverted.
So far as the present petitioner is concerned, he had completed 12 years of service on 3rd April, 2001 and was offered an opportunity to undergo PCC pursuant to an offer made only in April, 2003. The petitioner was compelled to express his unwillingness to undergo this PCC on the ground of his wife being seriously ill.

(3.)LEARNED counsel for the parties have placed reliance on the Unwillingness Certificate dated 30th April, 2003 submitted under the signatures of the petitioner wherein he had stated as follows: -
UNWILLINGNES CERTIFICATE

I No. 891480103 (PSL No. 50834) Rank CONST. Name Jaibir Singh of CISF Unit RHSTPP Rihand is not willing to undergo promotion course of Const. to HC/GD commencing w.e.f. 05/5/03 at RTC BSL Bokaro as detailed vide CISF Unit RHSTPP Rihand office letter No. E -37014(3)/CISF/Rh/AdM/P.CC/2003 Date 29/4/03. Further I have no objection if I, am superceded due to my unwillingness.



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