Mr. O. P Agarwal Mr. M.A. Khan, Advs v. UNION OF INDIA AND ORS

W.P.(C) 1964/2019 Page 1 of 6 $~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1964/2019 BHUPAL SINGH BHANDARI, EX. HC/GD (SSB).....Petitioner Through: Mr. O. P Agarwal & Mr. M.A. Khan, Advs. versus UNION OF INDIA AND ORS. .....Respondent Through: Mr. T. P. Singh, Sr. Central Govt. Counsel CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE VIMAL KUMAR YADAV O R D E R % 02.09.2025 1. The Petitioner has approached this Court by filing the instant writ petition with the following reliefs:- “a) issue a writ in the nature of mandamus or certiorari or any other writ or order or directions to the concerned respondent for granting the benefit of 2nd financial up-gradation under ACP Scheme to the petitioner with effect from 09.08.1999 in the scale of Sub Inspector with other consequential benefits including arrears of payment being accrued thereto as per O.M. dated 09.8.1999 till his retirement. b) issue a writ in the nature of mandamus or certiorari or any other writ or order or directions to the concerned respondents for revising the pension and releasing the differential amount of retirement benefits, the order would be issued by the Central Pension This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2025 at 12:17:16 W.P.(C) 1964/2019 Page 2 of 6 Accounting Office by amending their own order dated 04/05/2012 and followed with other orders, needs to be revived, if the case of the petitioner is considered favourably. c) Cost of the petition may also be awarded in favour of the petitioner and against the respondents; Pass such other or further orders as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.” 2. The facts of the case reveal that the Petitioner was enrolled in Special Service Bureau [‘SSB’] as Constable/GD on 01.12.1996. He was under metric at the time of enrollment. In order to be eligible for promotion from non matriculate constable to Lance Naik (GD) to Naik (GD). He cleared the departmental 3rd Class Examination and became a Lance Naik (GD) Naik on 08.01.1988 and Naik (GD) on 18.12.1991 respectively. In order to be eligible to be promoted to a Head Constable, he cleared a departmental 2nd Class Examination and was promoted as a Head Constable on 04.12.1998. 3. The Petitioner has not yet been promoted as a Sub-Inspector because he has yet not passed a departmental 1st Class Examination. 4. The Government of India brought in an Assured Career Progression Scheme [ACP Scheme] with effect from 09.08.1999 for grant of two financial up-gradation, the next higher grade in accordance with the existing hierarchy in promotion in a cadre of the post on completion of 12 years and 24 years of regular service subject to fulfillment of the promotional norms, i.e. bench-mark, departmental examination or seniority-cum-fitness as the case may be. 5. It also included the promotional courses. The Petitioner states that he has been given the higher pay scale available to a Constable matriculate in This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2025 at 12:17:16 W.P.(C) 1964/2019 Page 3 of 6 December 1983. He states that after completion of 24 years, he is entitled to the 2nd financial up-gradation which has not been given to him. 6. Per contra, it is the case of the Respondent that since the Petitioner has not passed the promotional cadre course, nor has he passed the Departmental 1st class examination which is the educational qualification, the Petitioner is not entitled to the 2nd ACP. 7. The Counsel for the Petitioner draws the attention to a Judgment passed by a Coordinate Bench of this Court in Rajender Singh & Ors. vs. Union of India & Ors, W.P. (C) 4833/2015. He contends that the Petitioner had not been detailed for taking the professional course and therefore, the petitioner cannot be denied the benefit of ACP Scheme. He relies on Paragraph Nos. 8 and 9 of said judgment, which reads us under:- “8. Similar writ petitions filed against other Para Military Forces have been disposed of by this Court issuing a direction that the writ petitions would be treated as a representation to the respondents with the declaration of law being that if the force personnel was not deputed to undergo a pre promotional course that would not be a bar for grant of the ACP and MACP benefit. Since appraisal of the person to determine fitness was required the direction issued was that necessary appraisal would be within 12 weeks and necessary orders passed. Such persons who would have the benefit extended from a prior date would be paid the arrears simultaneously. 9. The writ petition is disposed of directing that the petitioner would be treated eligible to be accorded the ACP and/or MACP benefit as the case may be and for which if the department is responsible for not sending them, to undergo the pre-promotional course they would not be not debarred to receive the benefit on the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2025 at 12:17:16 W.P.(C) 1964/2019 Page 4 of 6 ground that they have not cleared the pre promotional course. The petitioners would be appraised for fitness under the ACP Scheme and the MACP Scheme. The reasoned decision would be taken under intimation to the petitioners and such who are found eligible and entitled to the grant of the ACP Benefit when they completed 24 years' service or the benefit under the MACP scheme when they completed 30 years service would be paid the arrears. Such petitioners who superannuated from service before the MACP Scheme came into force would obviously not be entitled to the benefit of the MACP Scheme.” 8. In short, the case the Petitioner is that since he has not been detailed for the promotional course, he cannot be found fault with and that in accordance with the orders of this Court, the Government ought to have extended the benefit to the Petitioner also and ought to have granted him the benefit of the ACP Scheme. 9. Per contra, learned Counsel for the Respondent has contended that the Petitioner is not similarly situated as that of the Petitioner in Rajender Singh (Supra), he states that apart from the fact that the Petitioner has not undergone the promotional course, he has not passed the departmental examination itself which would entitle him to the benefit of the ACP Scheme. 10. Heard learned Counsel for the parties and peruse the material on record. 11. In order to prevent career stagnation, the Central Government had brought out ACP Scheme after the 5th Pay Commission, wherein a government employee who had not gotten any promotion and had been This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2025 at 12:17:16 W.P.(C) 1964/2019 Page 5 of 6 completely stagnation, was to be given the next higher pay scale after 12 years and 24 years of regular service. After the advent of the 6th Pay Commission, ACP Scheme was converted into Modified Assured Career Progression Scheme [MACP Scheme] which provides for financial up-gradation to the next higher level of pay matrix after completing 10, 20, and 30 years of regular service. The purport of the ACP Scheme was to offer a ‘safety net’ for the employees who face limited promotion opportunities, ensuring they receive financial benefits (through financial up-gradation) based on the number of years of service. 12. The facts of the case reveal that the Petitioner has got the benefit of a higher pay scale in March 1983 which is after 15 years of his recruitment wherein he has received the matriculate scale without being a matriculate which actually amounts to a first career progression. In the opinion of this Court to when the Petitioner was promoted as a Head Constable in 1998, it amounts to the 2nd financial up-gradation. Considering the fact, in this case the Petitioner has got two financial upgradation, he is not entitled to the benefit of the ACP Scheme. 13. This is apart from the fact that the Petitioner has not obtained the educational qualification by passing the 1st class departmental examination which is also necessary for getting the benefit of the ACP Scheme. This Court is therefore not going into the question as to whether the Petitioner was detailed for the pre-promotional course or not as it is irrelevant for the facts of this case without obtaining the educational qualification by passing the 1st class departmental examination, the Petitioner could not seek to join the pre-promotional course. 14. In view of the above, this Court is not inclined to accede to the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2025 at 12:17:16 W.P.(C) 1964/2019 Page 6 of 6 request of the Petitioner. 15. Accordingly, the petition is dismissed along with pending application(s), if any. 16. It is further noted that the ACP Scheme has come in the year 1999. The Petitioner has attained superannuation in the year 2003. He has approached this Court only in the year 2019. The petition is also hit by delay and laches. SUBRAMONIUM PRASAD, J VIMAL KUMAR YADAV, J SEPTEMBER 2, 2025 Neha/hsk