RANCHI, India, Jan. 23 -- Jharkhand High Court issued the following order on Dec. 22:

1. The present appeal is directed against the order dated 14.03.2022 passed by learned Single Judge of this Court in W.P.(S) No. 5353 of 2018, whereby and whereunder, the writ petition has been dismissed declining to grant the benefit of upgradation in pay scale due to non-passing of the Senior Promotion Course examination or having no exemption in passing thereto.

Factual Matrix:

2. The brief facts of the case as per the pleadings made in the writ petition and memo of appeal as also referred to in the impugned judgment needs to be referred herein.

3. It is the case of the writ petitioner that he joined in service as a Lohar Sepoy, a non-cadre post having no future avenue for promotion. Although he was appointed on 01.08.1981 and after completing the unblemished service he has superannuated from service after obtaining the age of 60 years w.e.f. 30.06.2016. His grievance is that he has not been granted any upgradation in pay scale either under the Assured Career Progression (for short ACP) scheme or under the Modified Assured Career Progression (for short MACP) scheme implemented w.e.f. 14.08.2002 vide Memo No. 5207 and 01.09.2009 implemented w.e.f. 01.09.2008 respectively. This petitioner has raised his grievance but that was turned down on the ground that he has not passed SPC examination even though five times such opportunity was given to him. He has approached to this Court by filing W.P. (S) No. 5353 of 2018 asking for the following reliefs:

"a. For issuance of direction for quashing the Memo No. 5082/Ra. Ka dated 16.08.2010 (Annexure-21) issued by the Commandant, Jharkhand Armed Police-1, Ranchi and the Memo No. 5564/Ra. Ka dated 11.09.2010 (Annexure-24) issued by the Commandant, Jharkhand Armed Police-I, Ranchi

b. For issuance of direction for grant of First and Second Financial Upgradation by following Assured Career Progression Scheme (In short A.C.P. Scheme) 2002, framed by the Government of Jharkhand under Resolution dated 14.08.2002 in Memo No. 3/5-6 (Pronati)-02/2002-5207/VI, Ranchi issued under the Signature of Secretary, Finance Department, Jharkhand, Ranchi.

c. For issuance of direction for grant of Third Financial Upgradation by following Modified Career Progression (MACP) Scheme 2009 framed by Government of Jharkhand under Resolution dated 01.09.2009 in Memo No. 6/3-06/(Pro)-03/2009-2981/Vi dated 01.09.2009."

4. Learned Single Judge has agreed to the objection so raised on behalf of the State for non-passing of the Senior Promotion Course (for short SPC) training which is required for any upliftment in the service career by dismissing the writ petition which is the subject matter of the present appeal.

Arguments advanced on behalf of the appellant/writ petitioner:

5. Mr. Nehru Mahto, learned counsel appearing for the appellant-writ petitioner, has assailed the impugned judgment on the ground that the post, upon which the writ petitioner was appointed, i.e. Lohar Sepoy, was a post having no future avenue for promotion, since, it is the non-cadre post having no hierarchy of the promotion. It has been contended that the schedule as per the ACP Scheme of 14.08.2002 or substituted by the MACP scheme by virtue of the resolution dated 01.09.2009, the writ petitioner is entitled to get the enhancement in the pay scale as per the pay scale referred in Schedule-I thereof.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfEwr3T2rSISkc4zrzRUkfnAvTnSB61asFw%2FoY5UDtMI%2B&caseno=LPA/257/2022&cCode=1&cino=JHHC010197952022&state_code=7&appFlag=)

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